Showing papers on "Environmental law published in 1996"

Environmental management and governance : intergovernmental approaches to hazards and sustainability

Abstract: Problems for environmental management are taking on a new urgency. This book addresses aspects of environmental management that raise fundamental questions about governmental roles and the relationship of humans to the environment. It examines the interaction of local and national governments and the strengths and weaknesses of co-operative vs. coercive environmental management, through a focus on the management of natural hazards. Leading experts in the field examine new and innovative environmental management and planning programmes with particular focus on North America and Australia. This book offers a new understanding of environmental problems and explores the appropriate policy mix that must be developed for environmental management to strive towards environmental sustainability.

Revitalizing Environmental Federalism

Abstract: Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states.' In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity."2 And in debates over international trade liberalization, demands abound for the protection of "national sovereignty"3 in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a

The Global Environmental Movement

Abstract: The Roots of Environmentalism Conservation and Reconstruction (1945-61) The Prophets of Doom The United Nations Environment Programme (1982-92) The Arrival of the Greens (1972-1990) The Global Environment Rio and Beyond.

Wasted: Counting the costs of global consumption

Abstract: Acknowledgments List ofFigures List of Tables Chapter One: Introduction Consumption and the Environment How can we 'Recover Consumption'? Chapter Two: The Earth Summit International Environmental Policy: the Road From Stockholm Counsel of Despair: International Environmental Problems in the 1980s UNCED: the Road to Rio The UNCED Deliberations: Conventions and a New Agenda In the Wake of Rio: International Finance and Political Devolution Global Environmental Management: a Realist Perspective From Science to Policy: Environmental Management and the UNCED Process Making sense of the Environment/Development Debate Chapter Three: Meeting Environmental Targets Global Environmental Change The Laws of Thermodynamics The Effect of Human Evolution on Natural Systems Sustainable Development Sustainability Indicators Chapter Four: The Global Economy and Consumption The Hydrocarbon Society and Energy Consumption The New International Economic Order Energy Consumption and the Generation of Waste Recovering Consumption: the Political Economy of Wastes Chapter Five: Managing Global Resources European Energy Policy and Global Change Sustainable Energy Policies for the Brazilian Amazon Chapter Six: Metabolising Nature Global Environmental Management The 'Empty' and 'Full' World System: a Point of Departure How we Measure Environmental Quality: the Costs of Consumption Democratic Control of the Environment The Standard of Living or the Quality of Life? Global Carbon Budgets The Social Functions of Sinks Chapter Seven: Sustainability and Social Commitments Environmental Discourse and Environmental Management How we Metabolise Nature Embodiment and Distanciation Chapter Eight: Local Environmental Action Creating Sustainable Employment: LETS Schemes Beyond Recycling: Recovering our Control over Waste Farmers' Networks References Index

Principles of International Environmental Law.

Abstract: Part I. The Legal and Institutional Framework: 1. The environment and international society: issues, concepts and definitions 2. History 3. Governance: states, international organisations and non-state actors 4. International law-making and regulation 5. Compliance: implementation, enforcement and dispute settlement Part II. Principles and Rules Establishing Standards: 6. General principles and rules 7. Atmosphere and climate change 8. Freshwater resources 9. Oceans, seas and fisheries 10. Biodiversity 11. Hazardous substances and activities 12. Waste 13. Polar regions Part III. Techniques for Implementing International Principles and Rules: 14. Environmental impact assessment 15. Environmental information 16. Financial resources, technology transfer and intellectual property 17. Liability for environmental damage Part IV. Linkage of International Environmental Law and Other Areas of International Law: 18. Human rights and armed conflict 19. International trade and competition 20. Foreign investment 21. Future developments.

Environmental policy in the 1990s

Abstract: This new edition puts 25 years of environmental policy development in context by examining the institutional framework for making policy, the role of environmentalism and public opinion in shaping policy, the search for more efficient policy solutions, and the impact of global environmental imperatives. This edition covers the new, heightened role of the states in making policy, environmental justice, and the greening of U.S. business, among other topics. The book also provides the first in-depth analysis of the impact of the 104th Congress on environmental policies, and reviews the Clinton Administration's environmental record and efforts to reform the Environmental Protection Agency.

International Environmental Policy: From the Twentieth to the Twenty-First Century

Abstract: Acknowledgments vii Defense of Earth in a Changing World: An Introduction 1 1. Comprehending the Environment 11 2. Growth of International Concern 32 3. The Road to Stockholm 48 4. The Stockholm Conference 63 5. Post-Stockholm Assessment 79 6. Rio de Janeiro and Agenda 21 104 7. International Structures for Environmental Policy 121 8. Transnational Regimes and Regional Agreements 158 9. International Commons: Air, Sea, Outer Space 202 10. Sustainability: Population, Resources, Development 242 11. Enhancing the Quality of Life: Natural and Cultural Environments 278 12. Strategies for Global Environmental Protection 323 13. A Changing World Order: Into the Twenty-First Century 350 Appendixes A. Abbreviations 361 B. Representative Listing of International Organizations and Programs 370 C. Events of Significance for Protection of the Biosphere, 1945-1995 375 D. Selected Treaties of Environmental Significance, 1946-1995 380 E. Environmental Soft Law: Declarations, Resolutions, Recommendations, Principles 384 Notes and References 389 Index to Topics and Institutions 469 Index to Authors 483

The environment and international relations.

Abstract: 1.Introduction, The Environment in International Relations: Legacies and Contentions 2. Environment and Security as a Universal Value: Implications for International Theory 3. International Political Economy and Global Environmental Change 4. IR Theory: Neo-Realism, Neo-Institutionalism and the Climate Change Convention 5. Inernational Relations, Social Ecology and the Globalisation of Environmental Change 6. Gender and Environmental Change: Are Women the Key to Safe-Guarding the Planet? 7. Who Cares About the Environment? 8. The Environment and the United Nations 9. Between the Devil and the Law of the Sea: The Generation of Global Environmental Norms 10. The International Research Enterprise and Global Enviornmental Change: Climate Change Policy as Research Process 11. Environmental Regimes: Effectiveness and Implementation Review 12. Hegemonic Ideology and the International Timber Association

Externalities and the Matching Principle: The Case for Reallocating Environmental Regulatory Authority

Abstract: I. The Efficient Allocation of Environmental Regulatory Authority .................................. 28 A. Externalities and the Economics of Pollution Control .... 29 B. Environmental Quality and Jurisdictional Competition ... 31 C. Minimal Federal Regulation of Regional Interstate Externalities ............................ 36 1. The Assignment and Exchange of Property Rights ............................ 37 2. Regional Effects and Regional Responses ....... 39 D. Nationwide Externalities and National Regulation ...... 40

Sustainable Development and Human Rights: An Integrated Conception

Abstract: This article seeks to present an integrated conception of sustainable development, with particular emphasis on the contribution of international human rights law and theory. Part II considers a structural conception of sustainable development. Part III considers parallels between sustainable development and self-determination. Part IV provides some general reflections on international environmental law and international human rights law in terms of analogous concepts, principles and systems. What similarities are there and what differences? Part V considers the progress made towards recognition of a “human right to the environment”. Part VI considers how international environmental claims could be brought within the existing international human rights complaint systems. Part VII analyses the judgment of the European Court of Human Rights in the Lopez Ostra case (1994), the leading case on environmental claims to have reached that Court.

Improving compliance with international environmental law

Abstract: Introduction * Part 1:Compliance Theory - Compliance Theory: an Overview * Compliance, Citizens and NGOs * Appendix 1: Case Studies * Compliance with International Environmental Obligations: Existing International Legal Arrangements * Part 2: Global Compliance Systems - Designing a Compliance System for the UN Framework Convention on Climate Change * Appendix 2: Non-Compliance Procedures Under the Montreal Protocol * Appendix 3a: The Framework Convention on Climate Change: Contents * 3b: The Framework Convention on Climate Change * Appendix 4a: Further Non-Compliance Procedures: Contents * 4b: Further Non-Compliance Procedures * Compliance with international Environmental Obligations: a Case Study of the International Whaling Commission * Part 3: The Implementation of International Agreements - The Role of the EC in Implementing International Environmental Law * A Case Study of a Regional Approach to Compliance with CITES in Southern Africa * The Implementation of CITES in China * International Agreements and Environmental Management Follow-up in Bangladesh * Part 4: Enforcement Measures: the Use of Economic Instruments and Financial Resources * Trade Sanctions: Effective Enforcement Tools * The Use of Joint Implementation to Increase Compliance with the Climate Change Convention * Appendix 5: Extracts of Relevant Convention Provisions in Joint Implementation * Financing Global Environmental Protection * UN Framework Convention on Climate Change: the European Carbon/Energy Tax and its International Trade Law Implications * Notes and References * Afterword to Chapter Five * Glossary * Index.

The International Crime of Ecocide

Abstract: This chapter aims to demonstrate the existence of ecocide under international law and to investigate whether it is an international crime, not to promote social goals, elevate international environmental law to higher standards or propose an enforcement and compensation regime. Ecocide is identified on the basis of the deliberate or negligent violation of key state and human rights and according to the following criteria: serious, and extensive or lasting, ecological damage, international consequences, and waste. The chapter also demonstrates that certain instances of environmental destruction breach an international duty of care, largely through the violation of internationally recognized human rights. Parallel developments and cross-fertilization between municipal, particularly Anglo-American, law and the international law establishing ecocide nevertheless render coverage of certain elements instructive. As international law was slow to recognize obligations concerning the environment, however, sovereignty was long an effective barrier to responsibility for ecocide.

Greening International Law

Abstract: Environmental problems do not respect international boundaries; they affect the entire globe, and dealing with them is a matter for international political negotiation, law and institutions. Greening International Law assesses the extent to which the international community has so far adapted to address environmental problems, and examines the fundamental changes needed to the structure and organisation of the legal system and its institutions. The contributors to this volume have all played a central role in the development of international environmental law over the past decade, and their essays will be of interest to all those professionally, academically or individually concerned with the resolution of environmental problems.

Economic Policy for the Environment and Natural Resources

Abstract: This book covers a wide range of major issues including the legal aspects of environmental protection, environmental policy under oligopolistic conditions, voluntary agreements as a policy instrument, participation in international coalitions and environmental policy in dynamic trade models. In discussing the applications of environmental policy, it includes issues such as the profitability of emission saving techniques, water management and acid rain models.

Yearbook of international environmental law

Abstract: As concern for the global environment continues to intensify, evolving international environmental policy and law have become the focus of increased attention by scholars, legal practitioners and governmental as well as non-governmental decision-makers. Although several specialized journals and "news" services have emerged in response to this phenomenon, there is yet no publication that systematically analyzes developments in this rapidly expanding new discipline of international environmental law. The "Yearbook of International Environmental Law", now in its second volume, closes this gap by providing a comprehensive review of internationally significant legal development in a format that makes information easily accessible. In an expanding "Year in Review" section, short reports written by recognized international experts summarize year-by-year trends in discrete subject areas that represent the whole spectrum of international environmental legal issues. Additionally, internationally significant legal development in key countries or regions and international governmental as well as non-governmental organizations are being reviewed. The documents section has been increased with a large number of documents now also available on diskette. This Volume 2 includes a number of theoretical articles that provide critical assessment of international trade rules and environmental protection, implementing sustainability in developing countries, and promoting compliance with international environmental standards.

Nafta and the Environment

Abstract: 'Green language' in the NAFTA - reconciling free trade and environmental protection, R.B. Ludwiszewski, P.E. Sley The NAAEC and its implications for environmental cooperation, trade policy, and American treat-making,S. Charnovitz The transformation of environmental enforcement cooperation between Mexico and the United States of NAFTA, B. Zagaris The injustice of environmental justiciability - Public Citizen versus Office of the United States Trade Representative, M.I. Jeffery The North American agreement on environmental cooperation - a Canadian perspective, S. Richardson, A. Beaulieu The limits of free trade - sovereignty, environmental protection and NAFTA, M.W. Dunleavy Environmental aspects of building a facility in Northern Mexico, E.M. Ranger NAFTA and the environment impacts on doing business in Mexico, R. Kiy NAFTA - environmental needs and infrastructure in Mexico, A. Bustani, P.W. Mackay Uncertain election outcome clouds the future of environmental policy, E. Hoyt Environmental policy part of opposition's political and economic agenda, E. Hoyt Blueprint for Mexico's environmental programs favour resource conservation, E. Hoyt Chile's environmental framework law - considerations for foreign investors, J.A. Detzner, P. Aylwin Ch. Seeking redress for environmental harm in the context of transboundary pollution - remedies, access, and choice of law considerations, M.I. Jeffery Regional trends in international law and domestic environmental law - the inter-American hemisphere, J.L. Varela Selected bibliography on NAFTA and the environment, trade and the environment, and environmental issues in North America, D.C. Alexander The text of the North America agreement on environmental cooperation.

Basic Documents on International Law and the Environment

Abstract: "Basic Documents on International Law" offers an authoritative and wide-ranging selection of key documents in this area of law and provides students and scholars with a companion to the authors' textbook "International Law and the Environment". The editors have compiled a collection which includes all the major treaties and other legal instruments relevant to the protection of the environment in international law. Topics covered include the codification and development of international environmental law, marine pollution, the protection of the atmosphere, nuclear risks, control of hazardous substances, and international watercourses. Each text is preceded by a short introduction by the editors, who are both leading scholars in the field.

Enforcing environmental standards : economic mechanisms as viable means?

Abstract: From the contents: The Protection of Environmental Interests of the World Community Through International Environmental Law.- The International Environmental Law of Cooperation.- The GATT/WTO Dispute Settlement Process: Can it Reconcile Trade Rules and Environmental Needs?- Trade Restrictions as Viable Means of Enforcing Compliance with International Environment Law: An Economic Assessment.- The Case of the Convention on Trade in Endangered Species.- Trade Restrictions as Means of Enforcing Compliance with International Environmental Law.- The United Nations Framework Convention on Climate Change: On the Road towards Sustainable Development.- New Approaches to Achieve Sustainable Management of Tropical Timber.- The Implementation of the Basel Convention in German National Environmental Law as an Example for the Use of the Economic Mechanisms.- From Theory to Practice: The Second Phase of the NAFTA Environmental Regime.- Ecolabelling: Consumer Right-to-Know or Restrictive Business Practice?- Fostering Recycling and World Trade Rules: Incompatible?

The journey from Arusha to Seychelles - successes and failures of integrated coastal zone management in Eastern Africa and island states

Abstract: The report is the outcome of the Second Policy Conference on Integrated Coastal Zone Management in Eastern Africa and Island States, and builds on the perception that economic opportunities in the region abound, stemming from tourism, largely based along the coast. This has translated into a growing number of coastal fishing activities, evolving into larger scale ventures, through destructive fishing methods; not surprisingly, resulting in fewer catches. Furthermore, due to the tourism expansion in the region, infrastructure is undergoing large scale development along the coastal zone, adversely affecting the environment due to wastes, improper sewage treatment, and soil erosion. In 1993, the environmental, and natural resource ministers of the region met in Arusha, Tanzania, to address these problems at a regional level, and endorsed a Resolution on coastal zone management recommendations. The report discusses the successes, and failures since then, reviewing overall trends on the coastal zone, through case studies, particularly focusing on the institutional, and legal framework, indicating the need to comply, and enforce regulations. The revision for new legislation is suggested, recommending stakeholders participation to help reduce environmental regulations' violations. The use of expertise, and training should be optimized, public awareness promoted, and capacity building developed.

Nature, State and Economy: A Political Economy of the Environment

Abstract: Environmental systems modes of production resources, land and environmental use collective action and the state state operations and environmental problems and the future?.

The Next Generation of Market-Based Environmental Policies

Abstract: This draft paper, intended for a general audience interested in environmental policy, has been prepared for the Next Generation Project at the Yale Center for Environmental Law and Policy. We examine what will be required if market-based environmental policy instruments are to become a major force in U.S. environmental policy in the coming decades. We begin by defining market-based instruments, and contrast these with conventional command-and-control instruments. We specify five categories of market-based or economic- incentive instruments: pollution charges; tradeable permits; deposit refund systems; reducing market barriers; and eliminating government subsidies. We review major U.S. applications of these instruments, including: EPA's emissions trading program; the leaded gasoline phasedown; water quality permit trading; CFC trading; SO2 allowance trading; and the RECLAIM program. We first assess the U.S. experience in terms of the relatively limited use of these instruments. We examine: a stock-flow problem; the role of interest groups; ambivalence toward better regulation; and consumer experience. We also assess the U.S. experience in terms of a mixed record of performance of implemented market-based instruments. Here we examine the role of: inaccurate predictions; design problems; and limitations of firms' structure. Next, we ask how the next generation of market-based instruments can be advanced. We focus on four sets of approaches: improving program design; applying market-based instruments on the state level (waste management, land use, and air quality); implementing new Federal programs (hazardous waste deposit refund systems, and a revenue-neutral carbon tax); and addressing some long-term issues. We conclude with a brief prognosis of the likely future role of market-based instruments in U.S. environmental policy.

Compatibility of International and National Environmental Law

Abstract: Part 1: law and international environmental management linking international and national environmental law normative structures and the discretion of states. Part 2: international obligations defined by balancing norms international obligations defined by fixed norms international obligations defined by goal-oriented norms international obligations relating to domestic procedures international obligations on non-discrimination some remarks on the legal approaches presented. Part 3: integrating environmental treaties with domestic law sustainable development - table of treaties and other international documents.