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Author : R. A. Malviya
Publisher : Unknown
Page : 512 pages
File Size : 55,5 Mb
Release : 1987
Category : Environmental law, International
ISBN : CORNELL:31924073130555
Author : A. Dan Tarlock,John C. Dernbach
Publisher : EOLSS Publications
Page : 466 pages
File Size : 40,7 Mb
Release : 2009-11-25
Category : Electronic
ISBN : 9781848261136
Environmental Laws and Their Enforcement is a component of Encyclopedia of Social Sciences and Humanities in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The volume on Environmental Laws and Their Enforcement deals, in two volumes , with a myriad of issues of great relevance to our world such as: Sustainable Development and National Governance; History of Environmental Law; International Environmental Law; Constitutional Law; International Binding Mechanisms; Laws Governing Freshwater and Ground Water Pollution; Forestry; Biodiversity Conservation and Endangered Species Protection; International Guidelines and Principles; Compliance Models for Enforcement of Environmental Laws And Regulations; International Environmental Law; Life Support Systems: Law and Policy; The Principle of Sustainable Development in International Development Law; Environmental Pollution Regulations; Social Concerns for Environmental Exposures to Toxic Substances; Regulation of Air and Pollutants. These volumes are aimed at the following five major target audiences: University and College Students, Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers and NGOs.
Author : Allan D. McKnight,Pauline K. Marstrand,T. Craig Sinclair
Publisher : Routledge
Page : 325 pages
File Size : 47,8 Mb
Release : 2019-10-29
Category : Science
ISBN : 9781000692280
Originally published in 1974 this volume brings together contributions from lawyers, a nuclear physicist, a landscape architect, biologist, engineers and a former Inspector of the International Atomic Energy Agency. It covers technical and legal information on air, water, sea, land and noise pollution and provides a comprehensive guide, summary and introduction to the journal literature in separate but relevant disciplines. All of the contributors have specialised in studies in pollution control and contributed to the debate on use and management of the environment.
Author : Daniel Barstow Magraw
Publisher : University of Pennsylvania Press
Page : 388 pages
File Size : 42,8 Mb
Release : 2016-11-11
Category : Law
ISBN : 9781512804003
The topic of the essays in this book, the threat posed to our environment by various sources and types of pollution, is a matter of serious and growing concern. The contributors are leading international experts from a variety of legal systems and backgrounds and include Andronico Adede, Ian Brownlie, Pierre-Marie Dupuy, Johan Lammers, and Paul Szasz. International Law and Pollution provides an overview of international legal principles and institutional efforts relevant to pollution and then focuses on two particularly acute problems: nuclear pollution and acid rain. A variety of substantive issues must be confronted in order to deal with the full range of international pollution, and various institutional approaches must be utilized in the prevention, cleanup, and compensation efforts. For example, pollution from nuclear accidents results from a single event, whereas acid rain is a product of chronic emissions; the legal and policy concerns differ accordingly. In the overview, Daniel Barstow Magraw discusses fundamental concepts of international pollution, analytic distinctions among types of pollution, paradigmatic responses to pollution, and the relationship among environmental protection, economic development, and human rights. Other authors examine the existing and evolving principles of customary international law relevant to pollution, the U.N. International Law Commission's work on international liability and international watercourses, and a practitioner's perspective. The chapters on nuclear pollution analyze the conventional regimes and customary principles applicable to this field (including the Chernobyl disaster) and the determination and measurement of damages. Finally, the chapters on acid precipitation summarize the scientific background of the problem and present the multilayered European efforts to control acid rain as well as the Canada-United States acid rain controversy. International Law and Pollution will be of interest to scholars and students of environmental law and international law.
Author : Lucas Bergkamp
Publisher : BRILL
Page : 734 pages
File Size : 53,7 Mb
Release : 2021-12-06
Category : Law
ISBN : 9789004479043
Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Author : Dennis Campbell,Marilise Swart
Publisher : Unknown
Page : 334 pages
File Size : 46,8 Mb
Release : 1996-08
Category : Law
ISBN : UOM:39015038569037
The quality of water, air and soil continues to decline. Poverty, population growth and unregulated industry combine to create pollution on an unprecedented scale. Yet despite overwhelming support for the Rio Declaration in 1992, international response to the crisis in the environment has been piecemeal and uneven. The developing canon of international environmental law is of vital importance to lawyers, decision-makers and environmental advocates. Practical lessons can be drawn from the range of approaches being taken to such universal issues as pollution control, liability and waste management. Familiarity with international case law and judicial decision-making can support and develop legal argument. International Environmental Law and Regulations draws together expert practitioners from Argentina, Belgium, Canada, England & Wales, France, Greece, Italy, Mexico, Norway, Scotland and Singapore to provide a statement of the progress of environmental regulation in their jurisdictions. The practical analysis includes coverage of: the application of international and Community law national, regional and local regulation leading case law trends in judicial decision-making civil and criminal liability As a source of instructive information and ideas, the book will be of value to specialists in environmental law, in-house lawyers in industry, environmental advocates and academic lawyers.
Author : J. McLoughlin,Edward G. Bellinger
Publisher : Springer
Page : 272 pages
File Size : 42,6 Mb
Release : 1993-03-16
Category : Law
ISBN : STANFORD:36105060006082
This work is written for those who seek effective ways of controlling environmental pollution. Indeed, many developing and East European states look to the experience of the United States and Western Europe. This book does not, however, concentrate on any one system of control or control laws, but succeeds in introducing the exact nature of pollution problems and the variety of ways in which effective control and management have been achieved. Rather than advocate a ready-made system, lessons are drawn for example from the U.K., U.S.A., Sweden, Denmark, France, Germany and New Zealand, and instructive legislative samples are reproduced, the place of international obligations being clearly marked out. The skilful and wide-ranging comparative approach adopted renders this handbook yet more valuable, based as it is on the premise that a control system is better if it is built on existing institutional and legal structures. The book will interest all who advise on environmental matters on a daily basis, particularly senior administrators, policy makers, institutions, legal advisers and researchers.
Author : Maurice Sunkin
Publisher : Routledge
Page : 978 pages
File Size : 48,7 Mb
Release : 2001-11-30
Category : Law
ISBN : 9781135341275
Chapter 1 SOURCES AND PRINCIPLES OF ENVIRONMENTAL LAW -- chapter THE SOURCES OF ENVIRONMENTAL LAW Environmental law: the international perspective -- chapter The sources of international environmental law -- chapter Customary international law General principles of international law -- chapter Judicial decisions and the writings of eminent publicists United Nations General Assembly Resolutions -- chapter Environmental law: European Community perspective -- chapter The institutions of the EC -- chapter Law-making by Community institutions -- chapter Voluntary agreements -- chapter Application of direct effect -- chapter Environmental directives with direct effect -- chapter The duty to interpret national law in the light of a directive: 'indirect effect' -- chapter The subsidiarity principle -- chapter The EC's Environmental Action Programmes -- chapter Statutes Delegated legislation Codes of Practice -- chapter Ministerial guidance Government White Papers Reports of the Royal Commission on Environmental Pollution -- chapter Select Committee reports The Environment Agency -- chapter PRINCIPLES OF ENVIRONMENTAL LAW The relationship between principles Sustainable development -- chapter Preventive and precautionary principles -- chapter The principle of citizen participation and the right to a healthy environment -- chapter The principle of integration -- chapter Integrated pollution control -- chapter ENVIRONMENTAL PRINCIPLES: THE KEY INSTRUMENTS Defining the 'environment' and 'pollution of the environment' Stockholm Declaration on the Human Environment 1972 -- chapter Rio Declaration on Environment and Development 1992 -- chapter LIABILITY FOR ENVIRONMENTAL DAMAGE International liability for environmental damage -- chapter European Community law -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter AIR AND ATMOSPHERIC POLLUTION -- chapter Structure of the chapter AIR AND ATMOSPHERIC POLLUTION: THE INTERNATIONAL CONTEXT Customary international law -- chapter Framework Convention on Climate Change 1992 -- chapter Kyoto Protocol 1997 -- chapter Monitoring and Evaluation Protocol 1984 Sulphur Protocols 1985 and 1994 Nitrogen Oxides Protocol 1988 -- chapter Volatile Organic Compounds Protocol 1991 -- chapter Vienna Convention for the Protection of the Ozone Layer 1985 and its Montreal Protocol 1987 EUROPEAN COMMUNITY LAW -- chapter Sulphur in air -- chapter Lead in air -- chapter Vehicle emissions -- chapter Emissions from industrial plants -- chapter Towards a unified framework for EC air quality law and policy Air Quality Framework Directive 96/62 -- chapter CAFE -- chapter Local air quality management areas (AQMAs) -- chapter Road traffic pollution -- chapter Restricting the use of roads and traffic management -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter WATER AND MARINE POLLUTION -- chapter INTERNATIONAL LAW UN Convention on the Law of the Sea 1982 -- chapter International legal regime for vessel-source marine oil pollution -- chapter MARPOL Convention 1973/78 -- chapter Measures controlling the release of substances into water -- chapter Titanium dioxide Measures protecting designated types of water -- chapter Bathing water -- chapter Urban waste water -- chapter The Water Framework Directive 00/60 -- chapter Cambridge Water Co v Eastern Counties Leather plc [1994] 1 All ER 53 -- chapter Water pollution legislation -- chapter Licences to abstract water Droughts -- chapter Ministerial Regulations - water quality classification and objectives -- chapter Anti-pollution works Prevention of pollution -- chapter Public registers Quality of water supplies -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter WASTE -- INTRODUCTION TO THE LAW RELATING TO WASTE -- chapter Dumping at sea -- chapter International trade in hazardous wastes and substances -- chapter Basel Convention 1989 -- chapter Bamako Convention 1991 -- chapter Basel Protocol on Liability and Compensation 1999 -- chapter Directive on Waste 75/442 (WFD) (see p 389, below) -- chapter Directive on the Disposal of Waste Oils 75/439 -- chapter Council Regulation on the Shipment of Waste 259/93 -- chapter Directive on Sewage Sludge Directive 86/278 Directive on Packaging Waste Directive 94/62 -- chapter Directive on the Landfill of Waste 99/31 -- chapter Further developments -- chapter The statutory definition of 'waste' -- chapter Is the material capable of being waste? Has the material been discarded? -- chapter Not all discarded material will be waste -- chapter National Waste Strategy -- chapter Waste Strategy 2000 -- chapter The key messages of the strategy (Chapter 1) -- chapter The waste strategy summarised.
Author : Edward J. Kormondy
Publisher : Greenwood
Page : 496 pages
File Size : 50,8 Mb
Release : 1989-02-03
Category : Education
ISBN : UCSC:32106008879790
A very useful handbook for researchers interested in getting a quick summary of the state of environmental regulation in a particular country, but rather specialized. Choice Pollution contaminates the air, land, and water with no regard for the boundaries between nations. The effective regulation of pollution, therefore, requires cooperation that transcends economic and political boundaries. This comprehensive survey of pollution control incorporates 24 essays by contributors from around the world. Collectively, they lend cross-cultural perspective to common ground: the historical background, major political problems, and implementation of pollution control. Political problems are considered from regional, national, and international perspectives. Factors in implementation include the role of organizations--both governmental and nongovernmental--fines, incentives, prohibitions, and liabilities. Two introductory chapters define the nature of pollution and international aspects of its regulation. The main essays are grouped according to region and arranged alphabetically within each region. The contributors include not only scientists but legal and political authorities as well. Each essay offers the unique perspective of one nation and the particular internal and external pollution problems it faces. Three helpful indexes complete this indispensable reference source on the regulation of pollution. A must for scientists and ecologists, this book is also appropriate for members of state, local, and federal regulatory agencies.
Author : Ebbesson
Publisher : Springer
Page : 340 pages
File Size : 47,8 Mb
Release : 1996-11-25
Category : Law
ISBN : UOM:39015041098354
Dealing with the linkage and compatibility of international and national environmental law, this work analyzes how and to what extent international environmental law, primarily through various types of treaty obligations, limits the discretion of states in
Author : Benjamin van Rooij
Publisher : Amsterdam University Press
Page : 470 pages
File Size : 49,5 Mb
Release : 2006
Category : Law
ISBN : 9789087280130
Annotation. Many of China's rivers and lakes are strongly polluted, the air in cities is amongst the worst in the world, while some have warned that if the country is not careful it may soon have insufficient arable land to feed its population. This book looks at why the protection of natural resources through stricter legislation and more stringent law enforcement has been so difficult. It does so through a combination of a local case with comparative and theoretical insights about lawmaking, compliance and enforcement. It offers a unique view on how law functions in the world's largest legal system, and how such law interacts with the social, economic and political circumstances at hand. This book offers an incomparable body of empirical and theoretical knowledge for those interested in how law functions in China, as well as those interested in the workings of regulatory lawmaking, compliance, and enforcement in a comparative perspective. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789087280130.
Author : Cees Flinterman,Barbara Kwiatkowska,Johan G. Lammers
Publisher : BRILL
Page : 400 pages
File Size : 54,9 Mb
Release : 1986-01-01
Category : Law
ISBN : 9024732859
This book is the first collection of international legal documents related to the new, highly controversial & politically sensitive issue of transboundary movements of hazardous wastes & their disposal. It will be of invaluable assistance to practicing lawyers & other experts, academics as well as students, concerned with the rapid developments in international environmental law. The global instruments cover the basic system of the UNEP Basel Convention/IAEA Code & the documents of various United Nations organizations, whose interest with hazardous waste movements has increased considerably due to the preparations for the 1992 United Nations Conference on Environment & Development (UNCED). Numerous regional instruments included are: those of the UN ECE, OECD, EEC & other organizations of the industrialized states; instruments related to Antarctica; & to the major developing state regions (Africa, Latin America & the Caribbean, South Atlantic Zone, Asia & the Pacific), including the 1998 ACP-EEC Lome IV Convention & the 1991 OAU Bamako Convention. Two US treaties on hazardous waste export controls with Mexico & Canada form notable instances of bilateral measures. Some documents of Greenpeace & other non-governmental organizations are also added. An incisive Editors' Introduction & a comprehensive general index provide the reader with easy access to these vital instruments. This timely work aims to clarify & aid the increasingly intricate international debate on hazardous waste production & disposal, & reduce the conflict between North & South on the export of such waste to Third World countries. In addition, the prospects of South-South traffic, as developing states push towards industrialization, underline the urgent need for prompt & tough action. The Editors Barbara Kwiatkowska & Alfred Soons, both experienced authors on international law issues have been guided in the preparation of this unique collection by several outstanding experts, members of the Volume's Advisory Board, including Francis Njenga, S ecretary-General, Asian-African Legal Consultative Committee , New Delhi, Peter Sand, Principal Legal Officer, UNCED-Geneva, Henri Smets, Environment Directorate, OECD, Paris, Lee A. Kimball, Senior Associate, World Resources Institute, Washington, D.C. , Hans Lammers, Deputy Legal Adviser, Netherlands Foreign Office, The Hague & Iwona Rummel-Bulska, Chief, Environmental Law & Institutions Unit & Coordinator of the Basel Convention, UNEP-Nairobi/Geneva. The leading role of UNEP in seeking satisfactory solutions to the new environmental problems raised by hazardous wastes is accentuated in the Preface to the book by the honourable Dr Mostafa K. Tolba, E xecutive-Director of UNEP. The 'collective approach is' as he rightly put it 'our only option to care & share the only one Earth'.
Author : Michael G. Faure,Song Ying
Publisher : Edward Elgar Publishing
Page : 381 pages
File Size : 40,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848445000
Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
Author : National Academy of Engineering,Advisory Committee on Industrial Ecology and Environmentally Preferable Technology
Publisher : National Academies Press
Page : 270 pages
File Size : 49,8 Mb
Release : 1994-01-01
Category : Science
ISBN : 9780309049375
In the 1970s, the first wave of environmental regulation targeted specific sources of pollutants. In the 1990s, concern is focused not on the ends of pipes or the tops of smokestacks but on sweeping regional and global issues. This landmark volume explores the new industrial ecology, an emerging framework for making environmental factors an integral part of economic and business decision making. Experts on this new frontier explore concepts and applications, including: Bringing international law up to par with many national laws to encourage industrial ecology principles. Integrating environmental costs into accounting systems. Understanding design for environment, industrial "metabolism," and sustainable development and how these concepts will affect the behavior of industrial and service firms. The volume looks at negative and positive aspects of technology and addresses treatment of waste as a raw material. This volume will be important to domestic and international policymakers, leaders in business and industry, environmental specialists, and engineers and designers.
Author : S. Jayakumar,Tommy Koh,Robert Beckman,Hao Duy Phan
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 44,7 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781784715793
This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in
