Showing papers in "International and Comparative Law Quarterly in 1992"

The international regulation of transboundary traffic in hazardous wastes: the 1989 basel convention

Abstract: IN response to the growing worldwide awareness of the problem of international traffic in hazardous wastes, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (the "Basel Convention"), elaborated under the auspices of the United Nations Environment Programme (UNEP), was adopted in 1989. This treaty, which entered into force on 5 May 1992, constitutes the first attempt at comprehensive regulation of international transport and disposal of hazardous wastes on a global level. Previously, the issue was addressed by international law only in an incomplete and fragmentary fashion. Customary law relating to pollution control provides a number of basic rules.' Thus, no State may use its territory-or permit it to be used-to inflict serious harm on the environment of other States; in carrying out or permitting potentially hazardous activities under their jurisdiction or control, States have the obligation to exercise due diligence.' Principle 21 of the Stockholm Declaration' laid the foundation for recognising a duty on every State to refrain from activities within its territory which result in serious harm to the environment, regardless

Nature Protection in the Arctic: Recent Soviet Legislation

Abstract: ONE of the most notable world events of 1991 was the disappearance of the Union of Soviet Socialist Republics (USSR) from the political map of the world. Beginning with the abortive coup of 19-21 August, the disintegrating process rapidly gained momentum, leading finally to Mr Gorbachev's resignation as President of the USSR, on 25 December. On Christmas Day the whole world was able to watch on television the USSR flag on the Kremlin being replaced by that of Russia, indicating the end of the former empire. The day before, at 5 p.m., the USSR had already ceased to be a (permanent) member of the UN Security Council, its place having been taken by Russia.' The Russian Federation, as this former republic is now officially called,2 thus became the successor State to the Soviet Union. In this capacity Russia will have to address some crucial policy options in the years to come. It will not, however, have to develop such policy from scratch. First, since the mid-1990s it had already begun to shape its own foreign policy;3 second, as a successor State, its starting point for developing such policy has already been determined by its predecessor. These two aspects apply to Arctic policy in particular: unlike other areas, this is indisputably within the sole competence of the Russian Federation. In considering its future policy it should first be made clear that, so far as the Arctic is concerned, major policy changes have been under way during the past two years or so. These culminated, during summer 1991, in the first crossing of the Northeast Passage by Western vessels for many decades.4 Second, in order to understand fully the

Lessons on Provocation from the Indian Penal Code

Abstract: THE Indian Penal Code 1861 has been widely acknowledged as a superb piece of penal legislation which has worked well in practice ever since its inception.' This strongly testifies to a rich lode of progressive law contained in the Code which could provide valuable lessons for present-day lawmakers. Nowhere is this better evident, perhaps, than in the law of provocation. A major issue of the defence of provocation concerns the test for grave provocation. What constitutes sufficiently grave provocation and how is this to be determined? English common law has devised the test of the "ordinary person" to answer this question, and other jurisdictions such as Australia and Canada have followed suit. The Indian courts have likewise

Competition Law and International Relations

Abstract: ONE of the most prominent features in the history of competition law in the United States and Europe in the past three decades has been the extent to which systems of competition law have had to adjust to international conditions and forces. The importance of the international market place and foreign competition is now considered obvious. This awakening to things international, however, has not been accompanied by much thinking about how competition law relates to the international environment in which it operates. Individual issues, like extraterritorial enforcement, have been discussed in some detail; but what is lacking is an attempt to relate competition law in a broader way to international relations. This article makes an initial and incomplete attempt to provide a wider framework in which to analyse the relationship between competition law and international relations.