Showing papers on "Environmental law published in 1972"

Management of the environment.

Abstract: The author focuses on environmental legislation concerning automotive emissions. He states that General Motors is concerned with public opinion concerning the environment and the public's perceptio...

Public Nuisance, the Restatement (Second) of Torts, and Environmental Law

Abstract: THE LAW OF PUBLIC NUISANCE AS A TORT IS INCREASINGLY BEING USED IN ENVIRONMENTAL LITIGATION. THE POSITION OF THE AMERICAN LAW INSTITUTE IS REVIEWED WITH RESPECT TO THE TORT OF PUBLIC NUISANCE AS IT IS REPRESENTED IN THE TENTATIVE DRAFTS LEADING TO THE RESTATEMENT (SECOND) OF TORTS. THE CASE LAW IS EVALUATED TO IDENTIFY THE TRENDS THAT THE RESTATEMENT (SECOND) EMPHASIZES. THE USE OF PUBLIC NUISANCE THEORIES IN VARIOUS TYPES OF ENVIRONMENTAL LITIGATION SUCH AS WATER, AIR, AND NOISE POLLUTION IS SCRUTINIZED, AND THOSE AREAS ARE IDENTIFIED WHERE PUBLIC NUISANCE LAW MAY MOST APPROPRIATELY BE USED.

International Customary Rules of Environmental Protection

Abstract: 1. The Essential Modesty of f Customary Law The perspective adopted in this paper is a simple one. Customary law provides limited means of social engineering and therefore there is a particular need for the development of new institutions, standards and localised regimes to deal with the protection of the environment. At the same time the rules of customary law have a certain role and this should not be underestimated. In particular, positions established by customary rules have to be reckoned with, at the least on the basis that they provide some fundamental competences and liabilities which set the scene for the further development of the law. This is the case in spite of the fact that the competences allowed by the customary law contain a certain freedom to abuse the environment.

Legal remedies for environmental protection

Abstract: In this paper the author comments upon some aspects of environmental law, particularly in context with potential remedies which the law affords to the environmentalist. Amongst other things special attention will be paid to the role of criminal law, which in our time and society is still a major instrument in curbing reprehensible activities.

International Institutions for Environmental Management

Abstract: The degradation of the human environment is a worldwide problem which has increasingly led to worldwide concern. All countries, whether rich or poor, young or old, irrespective of political and economic institutions, are finding that they must understand and improve the relationships between man's activities and the total environmental system. The recognition that the planet's resources and its capacities to absorb waste are definitely limited raises important questions as to how to approach solutions in a way that not only safeguards legitimate national interests but in the long run protects and enhances those resources essential to the future welfare of all states.