Imperial College London

Ms Karen E. Makuch

Faculty of Natural SciencesCentre for Environmental Policy

Lecturer in Environmental Law
 
 
 
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Contact

 

+44 (0)20 7594 7317k.e.makuch Website

 
 
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Location

 

209Weeks BuildingSouth Kensington Campus

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Summary

 

Publications

Publication Type
Year
to

57 results found

Makuch K, Zaman S, Aczel M, 2019, Tomorrow’s stewards: The case for a unified international framework on the environmental rights of children, Health and Human Rights, Vol: 21, Pages: 203-214, ISSN: 1079-0969

This paper evaluates an approach for strengthening environmental rights for children to safeguard child health. We focus on children as beneficiaries of environmental rights on account of their vulnerability to environmental impacts on their physical and mental health. Current legal frameworks, unless explicitly identifying children as beneficiaries, arguably tend to be adult-centric. Our goal here is to develop a comprehensive rights-based framework to ensure that children are protected against adverse environmental impacts. We argue that approaches that safeguard children’s rights to life, health, and education should include environment-related issues, standards, and protections for those rights to be fully implemented. We propose employing sustainable development as a framework under which to develop an international treaty to promulgate the environmental rights of the child, thereby promoting health, environmental stewardship, and quality of life for children and future generations. We further argue that children’s environmental rights extend beyond basic “needs”—such as clean air, clean water, sanitation, and a healthful environment, among others—to include the right to benefit from access to nature of a certain quality and the wealth of educational, recreational, developmental, and health benefits that come with ensuring protection of the environment for children.

Journal article

Aczel M, Makuch K, 2019, Shale, quakes, and high stakes: regulating fracking-induced deismicity in Oklahoma, USA and Lancashire, UK, Case Studies in the Environment, ISSN: 2473-9510

High-volume hydraulic fracturing combined with horizontal drilling has “revolutionized” the United States’ oil and gas industry by allowing extraction of previously inaccessible oil and gas trapped in shale rock [1]. Although the United States has extracted shale gas in different states for several decades, the United Kingdom is in the early stages of developing its domestic shale gas resources, in the hopes of replicating the United States’ commercial success with the technologies [2, 3]. However, the extraction of shale gas using hydraulic fracturing and horizontal drilling poses potential risks to the environment and natural resources, human health, and communities and local livelihoods. Risks include contamination of water resources, air pollution, and induced seismic activity near shale gas operation sites. This paper examines the regulation of potential induced seismic activity in Oklahoma, USA, and Lancashire, UK, and concludes with recommendations for strengthening these protections.

Journal article

Makuch K, 2019, Environmental Rights of Children, Human Rights and the Environment Legality, Indivisibility, Dignity and Geography, Editors: May, Daly, Publisher: Edward Elgar, ISBN: 9781788111454

There are currently no explicitly recognised environmental rights of children, even though children are more vulnerable to increasing environmental harm that they do not cause or consent to. If we are to safeguard the environment and human rights of children we can do this through explicitly recognising the environmental rights of children through existing human rights law and environmental law and also via developing new rights. We can enfranchise children by extending the rights of environmental education and public participation and engagement in citizen science. Implementation of children’s environmental rights does not need to be prohibitively expensive and can include enforcement of current standards, precautionary and pragmatic measures, and even crowd funded cases that advocate for the environmental rights of current and future children. This chapter provides examples of case law and developments at the international level that demonstrate that the environmental rights of children are being advanced.

Book chapter

Hopkins Alfaro D, Makuch Z, Makuch K, 2019, Analysing trade-offs in management decision-making between Ecosystem services, Biodiversity conservation, and Commodity production in Peruvian Amazon National Reserve Environment and Ecosystem Science, Environment and Ecosystem Science, Vol: 3, Pages: 1-8, ISSN: 2521-0483

The Ecosystem Services concept has been developed in recent decades through both academic and international institutions. Nowadays, most of the literature agrees that ecosystem services constitute a crucial contribution to human well-being. Most studies focus on final ecosystem services which are directly identifiable amongst society’s consumption habits. Ecosystem services generally named “Provisioning Services” seem to be the masterpiece of ecosystem services provided by nature, and their contribution to human well-being is linked to their economic relevance. In most cases this can be easily determined as there are markets already developed to evaluate these services. Nonetheless, final ecosystem services are supported by often-overlooked Intermediate Ecosystem Services, which do not have a structured market and yet hold an economic relevance that could directly affect society. Similarly, cultural ecosystem services are often difficult to economically assess as it is very difficult to put a price on intrinsic values. T hough Regulating and Cultural Ecosystem Services are difficult to value, they are of vital importance to society and must be evaluated when making any assessment locally or regionally. In order to yield a better understanding of the importance of all ecosystem service categories, we propose a spatial-temporal limited study to pinpoint the synergies and trade-offs between Ecosystem services, Biodiversity conservation, and Commodity production in Allpahuayo Mishana National Reserve, and to highlight the possible environmental and economic outcomes according to different management scenario

Journal article

Makuch K, Aczel M, Environmental citizen science for social good: Engaging children and promoting justice, diversity, health and inclusion, Research on Social Work Practice, ISSN: 1552-7581

This paper makes a case for the benefits of engaging children in environmental citizen science (defined as science conducted by non specialists under the direction of professional scientists) to promote social good. We interpret social good in this context as environmental justice and sustainability. Environmental justice includes notions of equality, equity, social inclusion, human rights, public participation, and accountability. We define sustainability as human action that protects the environment for current and future generations and supports human well being. We argue here for the role of children as promoters of social good through their participation in citizen science, as inclusivity is a core tenet of environmental justice. This paper thus evaluates how participation in outdoor, eco-citizen science projects benefits the child’s development, and leads to commitment to environmental stewardship and justice, and promotion of social good as adults. This work offers a novel contribution to discourses on social good and social justice through explicitly calling for children to be included in environmental citizen science projects. This connection has, to our knowledge and through our research, not yet been made in this way and we hope that our analysis leads to more applied citizen science projects to further corroborate our findings.

Journal article

Hopkins Alfaro D, Makuch K, Makuch Z, 2019, Idoneidad del establecimiento del área natural protegida del mar pacífico tropical. suitability of the establishment of the protected natural area of the tropical Pacific sea, Vox Juris, Vol: 37, Pages: 25-34, ISSN: 2521-5280

In this essay we will analyze the suitability of the establishment of the Marine Protected Area (MPA) of the Tropical Pacific Sea, which would be located off the coast of Piura and Tumbes. Based on an analysis of the literature regarding the design and implementation of MPAs, we will point out some aspects that should be taken into account by administrators and decision makers in all the stages related to the process of assigning the MPA figure to a specific geographical area. Also, we will review the official documentation developed in the proposal process by various state agencies. The objective of this essay is to provide insights into the correct preparation of a proposal that changes the legal system on which the geographical area chosen to be protected rests.

Journal article

Aczel MR, Makuch KE, 2018, Human rights and fracking in England: the role of the Oregon permanent people’s tribunal, Health and Human Rights: an international journal, Vol: 20, Pages: 31-41, ISSN: 1079-0969

The United Kingdom’s government is promoting development of its unconventional natural gas resources in England, following the United States’ commercial success employing horizontal drilling combined with hydraulic fracturing (‘fracking’) to extract shale gas. The potential impacts of fracking on the environment and health, as well as impacts on local communities and change in ‘quality of life’ are well documented. The UK commenced commercial drilling in the North of England on 15 October, 2018, despite community concerns and legal challenges that suggest potential harm to human health, impacts on environmental quality, inadequate procedural fairness, and limited distributive justice. The UK does not have a written environmental constitution nor any explicit environment-related provisions in the Human Rights Act, 1998, the latter drawing its content from the European Convention on Human Rights, 1950. The lack of explicit recognition of environmental rights-based provisions arguably makes it easier for the UK government to promote a pro-fracking agenda in England aligned to a political agenda rather than broader societal and environmental standards and safeguards. Despite calls for human rights impact assessments in relation to fracking, the UK government is resisting development of further legislation largely on grounds that they are confident the current regulatory regime is ‘more than robust enough’ coupled with the strong desire to promote technological development and industrial growth through extraction of shale gas using fracking. To this end, this perspective piece outlines the potential human rights impacts of ‘fracking’ and argues for a human rights-based, participatory and justice-based approach to regulation. In this context, the paper discusses the findings of the Permanent People’s Tribunal on Human Rights, Fracking, and Climate Change ‘Oregon’ hearing, held May 14-18 2018, an

Journal article

Aczel MR, Makuch KE, 2018, The lay of the land: the public, participation and policy in China's fracking frenzy, The Extractive Industries and Society, Vol: 5, Pages: 508-514, ISSN: 2214-790X

This perspective paper examines the current policy landscape for hydraulic fracturing in China, with a focus on the role of public attitudes toward shale gas in China. We highlight the need for further research on public perceptions and responses in a non-democratic society, both for the potential protection of residents who might be affected by the technology as well as the valuable research data that can be contrasted with public perspectives and engagement in other countries.Although the empirical findings presented here are limited due to this being very preliminary research, our goal is to shed light on what existing data shows about current understanding and perceptions. We discuss preliminary data collected during a research trip to Beijing in late December 2017, and contrast it with the few empirical studies on China that exist to date (Sher and Wu, 2018; Yu et al., 2018). Our research demonstrates the need for further investigation of understanding and perceptions of shale gas in China, particularly as other countries (such as the United Kingdom and Poland) are beginning to look at expanding their own shale gas resources. A reflection on this will also lead to a discussion of the extent to which data from China does or does not relate to that from other nations.

Journal article

Aczel M, Makuch K, Chibane M, 2018, How much is enough? Approaches to public participation in shale gas regulation across England, France, and Algeria, The Extractive Industries and Society, Vol: 5, Pages: 427-440, ISSN: 2214-790X

We examine ‘fracking’ for shale gas extraction in England, France, and Algeria, framed from the perspective of level of acceptance by communities and general public. We explore the extent to which public participation in decision-making should play a role in fracking regulation, and evaluate whether the level of public participation matches the legal requirements. Our position on the adequacy of fracking regulation is from the perspective of the public dissenter, outlining a legal and normative basis for public participation in decision-making on fracking. We highlight relevant laws and policies to understand and evaluate adequacy of relevant regulatory processes.We offer strong yet nuanced argumentation, creating space for further discussion by academics, the public, regulators, local decision-makers, fracking companies and others. This is not a typical social-psychology, legal, sociology, or human geography research paper, as we take a position from the beginning: that the public ought to be involved in decisions related to the regulation of fracking, and argue that we validate our approach by supporting our claims throughout the work.

Journal article

Makuch KE, Aczel M, 2018, Children and citizen science, Citizen Science - Innovation in Open Science, Society and Policy, Editors: Hecker, Haklay, Bowser, Makuch, Vogel, Bonn, Hecker, Hacklay, Bowser, Makuch, Vogel, Bonn, London, Publisher: UCL Press, Pages: 391-409, ISBN: 9781787352339

Children can both learn from and contribute to citizen science. Scientific learning can develop children’s environmental citizenship, voices and democratic participation as adults.The quality of data produced by children varies across projects and can be assumed to be of poorer quality because of their age, experience and less-developed skill set.If citizen science activities are appropriately designed they can be accessible to all children, which can also improve their accessibility to a wider range of citizens in general

Book chapter

Burgman MA, Tennant M, Voulvoulis N, Makuch K, Madani Ket al., 2018, Facilitating the transition to sustainable green chemistry, Current Opinion in Green and Sustainable Chemistry, Vol: 13, Pages: 130-136, ISSN: 2452-2236

Sustainable green chemistry depends on technically feasible, cost-effective and socially acceptable decisions by regulators, industry and the wider community. The discipline needs to embrace a new suite of tools and train proponents in their use. We propose a set of tools that will bridge the gap between technical feasibility and efficiency on one hand, and social preferences and values on the other. We argue that they are indispensable in the next generation of regulators and chemistry industry proponents.

Journal article

Aczel M, Makuch K, 2018, An assessment of current regulation and suggestions for a citizen-centered approach to the governing of UK hydraulic fracturing, Energy, Resource Extraction and Society Impacts and Contested Futures, Editors: Szolucha, ISBN: 9780815380153

This chapter explores the specifi c local context of shale gas extraction in Lancashire in the north of England and examines how policy development can strengthen protections. We demonstrate here that a broaderunderstanding of impacts and an improved approach to assessing these impactsis needed. We further examine how international legal and policy frameworks may play a part in protecting citizens and their communities when local and national legal regimes fail to safeguard human rights and access to justice.

Book chapter

Aczel MR, Makuch KE, 2018, Environmental impact assessments and hydraulic fracturing: lessons from two U.S. States, Case Studies in the Environment, ISSN: 2473-9510

Although the United States has been stimulating well production with hydraulic fracturing (“fracking”)1 since the 1940s [1], high-volume hydraulic fracturing (HVHF) combined with horizontal drilling is a relatively recent [2, 3] development with potential to adversely impact human health [4], environment [5], and water resources [6], with uncertainty about impacts and gaps in the data on HVHF compared to conventional drilling techniques [7]. Part of protecting environmental and public health is identifying potential risks before licenses are issued and drilling operations proceed. To this end, two case studies, focusing on the environmental impact assessment (EIA) procedures of California and New York, are analyzed in this paper. Both states have histories of strong environmental protection law and policy [8–10] and legally require an EIA to be conducted before development of HVHF sites [11, 12], an outgrowth of the 1969 federal National Environmental Policy Act (NEPA). New York State conducted what appears to be a thorough EIA [13] and concluded that as there were too many gaps in the data on HVHF, fracking could not proceed. California’s EIA, which was less extensive, and did not consider health impacts [14], concluded that HVHF could proceed, relatively unabated. A comparison of these cases illustrates that the processes designed to ensure adequate identification, monitoring, and assessment of environmental impacts are prone to differences [15]—an outcome of the fact that laws governing HVHF in the US are not consistent across, nor controlled at, the federal level [16, 17].

Journal article

MacDonald Makuch KE, 2016, 'Sustaining the Environmental Rights of Children: An Exploratory Critique' REPRINTED WITH PERMISSION © 2006 Fordham Environmental Law Review, in Environmental Constitutionalism, Professor James May and Professor Erin Daly (eds.) 2016, Environmental Constitutionalism, Editors: Daly, May, Publisher: Edward Elgar, Pages: 1-1, ISBN: 978 1 78471 168 9

Book chapter

MacDonald Makuch KE, 2016, ‘Sustaining the Environmental Rights of Children: An Exploratory Critique’, Fordham Environmental Law Review, XVIII, 1-65, Environmental Constitutionalism, Editors: May, Daly, Publisher: Edward Elgar, Pages: 1-65, ISBN: 9781784711689

Designed for judges, advocates and policy-makers as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, its challenges and its ...

Book chapter

Fradera R, Slawson D, Gosling L, Lakeman-Fraser P, Makuch K, Makuch Z, Madani K, Martin K, Slade R, Geohegan H, Moffat A, Haklay Met al., 2016, Exploring the Nexus Through Citizen Science (new connections in food, energy, water and the environment) An ESRC Investment., Exploring the Nexus Through Citizen Science (new connections in food, energy, water and the environment) An ESRC Investment., Publisher: ESRC

As global population increases, the connections between food, water, energy and the environment at global and regional scales become ever more important. The complexity and inter-connectedness of these relationships challenge policymakers, scientists, businesses andcitizens to find acceptable ways forward, but there are no easy solutions. This is the ‘nexus’.Citizen science can provide a powerful mechanism to help tackle these environmental and social challenges. In this thinkpiece we draw on the experiences of citizen science practitioners, particularly from the environmental sector. Citizens are the guardians of their local environment and, arguably, often know the places where they live better than regulators, policymakers and industry. Local citizens will usuallybe the first to notice changes in their immediate environment, whether instant changes (such as a pollution spill) or gradual (such as species decline). Citizen science can generate and broaden out the kinds of data that are considered in the investigation of environmental issues.Benefits of participating in citizen science include raised awareness, increased education, greater involvement, more participatory democracy, and increased ownership of solutions. Participation may also bring wider social, health and wellbeing benefits. Professionalscientists in turn benefit from the data submitted by volunteers, the value of which can be estimated at many millions of pounds per year.Some of the generic challenges to successful citizen science will be heightened in the context of understanding and dealing with nexus issues. These include extending citizen science (which is normally conducted at local level) to regional and global scales, optimising thecollection of data through better coordination between practitioners, empowering citizens and businesses to take more control of the conception and design of citizen science activities, and understanding the motivations, attitudes and practices of all

Report

Ngarize S, Makuch KE, Pereira R, 2013, The Case for Regulating Nanotechnologies: International, European and National Perspectives, Review of European Community & International Environmental Law - special edition on regulation of nanotechnologies.

Journal article

Makuch KE, Pereira R, 2012, Environmental & Energy Law, Publisher: Wiley-Blackwell, ISBN: 978-1-4051-7787-0

Despite bringing prosperity, industrialisation generally leads to increasing levels of pollution which has a detrimental impact on the environment. In response, legislation which seeks to control or prevent such impact has become common. Similarly, climate change and energy security have become major drivers for the regulatory regimes that have emerged in the energy field. Given the global or regional scope of many environmental problems, international cooperation is often necessary to ensure such legislation is effective. The EU and the UK have contributed to the development of the environmental and energy law regimes currently in force, spanning across international, transnational and national levels. At the same time, practical responses to environmental and energy problems have largely been the focus of engineers, scientists and other technical experts. Environmental & Energy Law attempts to bridge the knowledge gap between legal developments designed to achieve environmental and/or energy-related objectives and the practical, scientific and technical considerations applicable to the same environmental problems. In particular, it attempts to convey a broad range of topical issues in environmental and energy law, from climate and energy regulation, technology innovation and transfer, to pollution control, environmental governance and enforcement. In addition the book outlines key sector specific legal regimes (including water, waste and air quality management), focusing on issues or topics that are particularly relevant to both environmental and energy lawyers, and engineering, science and technology-oriented professionals and students. In this vein, the book guides the reader on some basic practical applications of the law within scientific, engineering and other practical settings. The book will be useful to all those working or studying in the environmental or energy arena, including law students, legal professionals, engineering and science students an

Book

Makuch KE, 2012, Case Studies - Environmental Law in the Engineers World, Environmental & Energy Law, Editors: Makuch, Pereira, Publisher: Wiley-Blackwell

Book chapter

Makuch KE, Pereira R, 2012, Introduction to Environmental & Energy Law, Environmental & Energy Law, Editors: Makuch, Pereira, Publisher: Wiley-Blackwell

Book chapter

Ngarize S, Makuch KE, Pereira R, 2012, A Case For Regulating Nanotechnologies, Environmental & Energy Law, Editors: Makuch, Pereira, Publisher: Wiley-Blackwell

Book chapter

Makuch KE, 2012, Regulating Environmental Information and Environmental Data: The Relevancy to Engineers, Environmental & Energy Law, Editors: Makuch, Pereira, Publisher: Wiley-Blackwell, ISBN: 978-1-4051-7787-0

Book chapter

Makuch KE, Pereira R, Makuch Z, Jourdain Cet al., 2012, UK Climate Change Law and Policy, Environmental & Energy Law, Editors: Makuch, Pereira, Makuch, Pereira, Publisher: Wiley-Blackwell

Book chapter

Prichard E, Makuch KE, 2012, Environmental Law: Standards and Principles of Good Laboratory Practice for Health, Safety & Environmental Protection, Environmental & Energy Law, Editors: Makuch, Pereira, Publisher: Wiley-Blackwell, ISBN: 978-1-4051-7787-0

Book chapter

Makuch MacDonald KE, 2011, 'Sustaining the Environmental Rights of Children: An Exploratory Critique' REPRINTED WITH PERMISSION © 2006 Fordham Environmental Law Review., Human Rights and the Environment, Editors: Shelton, Publisher: Edward Elgar Publishing Ltd

Book chapter

Makuch MacDonald KE, 2011, Sustaining the Environmental Rights of Children: An Exploratory Critique, - Reprinted with permission © 2006 Fordham Environmental Law. In Human Rights and the Environment, Editors: Shelton, Publisher: Edward Elgar Publishing

Book chapter

MacDonald KE, 2008, A Right to a Healthful Environment - Humans and Habitats: Re-thinking Rights in an Age of Climate Change., European Energy and Environmental Law Review, Vol: 17, Pages: 213-226, ISSN: 0966-1646

Journal article

MacDonald KE, 2008, Human Right to a Healthy Environment, Humans & Habitats: rethinking rights in an age of climate change, The London School of Economics and Political Science, 26 Apr 2008

Conference paper

Makuch Z, Macdonald K, Jones C, 2008, "Implementing the EU Communications and the EU Recommendation on Integrated Coastal Zone Management: A Study Developing a Model Series of Indicators to Evaluate the Effectiveness of the Integrated Coastal Zone Management Process in the East Riding of Yorkshire Coastal Zone", European Energy and Environmental Law Review

Journal article

Jones C, MacDonald KE, Makuch Z, 2008, Implementing the EU Communications and the EU Recommendation on Integrated Coastal Zone Management: A Study Developing a Model Series of Indicators to Evaluate the Effectiveness of the Integrated Coastal Zone Management Process in the East Riding of Yorkshire Coastal Zone., European Energy and Environmental Law Review, Vol: 1, Pages: 31-62, ISSN: 0966-1646

Journal article

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