scispace - formally typeset
Search or ask a question

Showing papers on "Environmental law published in 1998"


Journal ArticleDOI
TL;DR: The trend toward proactive environmental management is being accelerated by public pressures on governments almost everywhere to assure a cleaner environment as mentioned in this paper. But more importantly, there is growing evidence that firms that adopt proactive Environmental management strategies become more efficient and competitive.
Abstract: Executive Overview Corporations in North America, Europe, Japan, and in most newly industrializing nations are embracing environmental protection as part of their international competitive strategies. For many firms, the shift to proactive environmental management is driven by pressures from governments, customers, employees, and competitors. Both consumers and investors are beginning to see more clearly the relationship between business performance and environmental quality. The trend toward proactive environmental management is being accelerated by public pressures on governments almost everywhere to assure a cleaner environment. Government regulations have become more stringent, legal liabilities for environmental damage have become more burdensome, and customers have become more demanding. But more importantly, there is growing evidence that firms that adopt proactive environmental management strategies become more efficient and competitive. In many countries, the public has become more vocal in deman...

856 citations


Journal ArticleDOI
TL;DR: In this paper, the authors analyze the effects of regulation, plant-level management policies, and plant and firm characteristics on environmental performance in Mexican factories, focusing especially on management policies: the degree of effort to improve environmental performance and the type of management strategy adopted.

463 citations


Journal ArticleDOI
TL;DR: In 1998, the Ninth National People's Congress swept in a radical reform of government administration When the dust had settled, the number of government ministry-level bodies had been reduced from 40 to 29, and 50 per cent of government employees had been slated for elimination from governmental payrolls within three years as discussed by the authors.
Abstract: In March 1998, the Ninth National People's Congress swept in a radical reform of government administration When the dust had settled, the number of government ministry-level bodies had been reduced from 40 to 29, and 50 per cent of government employees had been slated for elimination from governmental payrolls within three years Amidst this massive effort to cut central government administration, the environmental protection administration emerged as a bureaucratic exception: after years of lobbying, it was finally upgraded to ministerial status With this unexpected promotion during a time of strict administrative austerity, the new Jiang Zemin-Zhu Rongji administration issued a clear signal that environmental problems were a serious central government concern in need of increased attention

189 citations


Posted ContentDOI
TL;DR: Market-based instruments are regulations that encourage behavior through market signals rather than through explicit directives regarding pollution control levels or methods as mentioned in this paper, and they often are described as "harnessing marketforces" (see Stavins 1988, 1991, OECD 1989, 1991; U.S. EPA 1991).
Abstract: Market-based instruments are regulations that encourage behavior through market signals rather than through explicit directives regarding pollution control levels or methods.2 These policy instruments, which include tradable permits and pollution charges, often are described as “harnessing market forces” (see Stavins 1988; 1991; OECD 1989; 1991; U.S. EPA 1991)3 becauseif they are well designed and implemented, they encourage firms (and/or individuals) to undertake pollution-control efforts that both are in those firms’ (or individuals’) interests and collectively meet policy goals.

171 citations


Book
01 Jan 1998
TL;DR: Szasz, Paul C., The Complexification of the United Nations System Krisch, Nico, Unilateral Enforcement of the Collective Will: Kosovo, Iraq, and the Security Council Petersmann, Ernst-Ulrich, Proposals for Strengthening the UN Dispute Settlement System - Lessons from International Economic Law Lang, Winfried, UN-Principles and International Environmental Law Wood, Michael C., International Seabed Authority: The First Four Years Boisson de Chazournes, Laurence, The Global Environment Facility Galaxy: On Linkages among Institutions Bek
Abstract: Szasz, Paul C., The Complexification of the United Nations System Krisch, Nico, Unilateral Enforcement of the Collective Will: Kosovo, Iraq, and the Security Council Petersmann, Ernst-Ulrich, Proposals for Strengthening the UN Dispute Settlement System - Lessons from International Economic Law Lang, Winfried, UN-Principles and International Environmental Law Wood, Michael C., International Seabed Authority: The First Four Years Boisson de Chazournes, Laurence, The Global Environment Facility Galaxy: On Linkages among Institutions Bekhechi, Mohammed Abdelwahab, Some Observations Regarding Environmental Covenants and Conditionalities in World Bank Lending Activities Henne, Gudrun/Fakir, Saliem, The Regime Building of the Convention on Biological Diversity on the Road to Nairobi Sand, Peter H., Carrots without Sticks? New Financial Mechanisms for Global Environmental Agreements Sands, Philippe, International Courts and the Application of the Concept of "Sustainable Development" Stoll, Peter-Tobias/Steinmann, Arthur, WTO Dispute Settlement: The Implementation Stage Ziegler, Andreas R., Scope and Function of the WTO Appellate System: What Future after the Millennium Round? Tarasofsky, Richard G., The WTO Committee on Trade and Environment: Is it making a Difference? Wolfrum, Rudiger, The Committee on the Elimination of Racial Discrimination Book Reviews

87 citations


Book
01 Jan 1998
TL;DR: Tolba as mentioned in this paper discusses the evolution of environmental law, environmental soft laws (principles and guidelines rather than treaties), binding regional regimes such as the Regional Seas Program and the Shared Freshwater Resources Program, the ozone layer, global warming, hazardous wastes, the loss of biological diversity, and ways to make international agreements work.
Abstract: foreword by Mario Molina As Executive Director of the United Nations Environment Programme (UNEP) from 1976 to 1992, Mostafa K. Tolba had as much insight into, and influence on, the development of international environmental policy as anyone. In this book, he tells the story of the negotiations that led to a number of landmark agreements, such as the Vienna Convention on Ozone and its Montreal Protocol, the Basel Convention on Hazardous Wastes, and the Biodiversity Convention. The book stands as the legacy of an important and charismatic figure who played a pivotal role during the first phase of global environmental diplomacy.Tolba concentrates on the context in which governments conclude that particular issues are ripe for binding international cooperation and on the factors that influence them during negotiations--such as science, the media, nongovernmental organizations, politicians, business and industry, and the public. The areas he discusses include the evolution of environmental law, environmental soft laws (principles and guidelines rather than treaties), binding regional regimes such as the Regional Seas Program and the Shared Freshwater Resources Program, the ozone layer, global warming, hazardous wastes, the loss of biological diversity, and ways to make international agreements work.

71 citations


Journal ArticleDOI
TL;DR: In this paper, the authors examine the evolution of environmental protection policy in the European Union and propose a general framework for examining the case law in subsequent policy areas, based on the article 177 procedure of the Treaty of Rome.
Abstract: The European Court of Justice operates to expand the integration project by serving as an arena for transnational political action carried out by national and supranational policy actors. This article examines this dynamic through the evolution of environmental protection policy in the European Union. The data presented in this analysis pertain to Article 177 of the Treaty of Rome. The Article 177 procedure reveals the Court's role in constructing European environmental law, and also the integral role that national judges and private litigants (individuals and interest groups) play in deepening integration. Furthermore, this procedure reveals a Court which often acts in opposition to national government preferences. The general framework proposed by this analysis is appropriate for examining the case law in subsequent policy areas.

60 citations


Journal ArticleDOI
TL;DR: The Environmental Justice Analysis (EJA) as mentioned in this paper is a highly focused form of social impact assessment that must be conducted within the framework of NEPA, and the specific purpose of such an analysis is to determine whether a proposed federal activity would impact low-income and minority populations to a greater extent than it would impact a community's general population.

59 citations



Journal Article
TL;DR: In this paper, the authors define economic incentives for both traditional regulation and emissions trading, and suggest that both should be considered economic incentive programs, because monetary penalties provide a crucial economic incentive in both systems.
Abstract: I. Introduction Is an emissions trading program' an economic incentive program? Emissions trading programs allow polluters to avoid pollution reductions at a regulated pollution source, if they provide an equivalent reduction elsewhere.2 Most scholars, government officials, and practitioners equate emissions trading with economic incentives, but they do not define "economic incentives." This failure to define economic incentives leaves unsupported the suggestion that emissions trading realizes environmental goals through economic incentives, but that traditional regulations (rules that limit discharges of pollutants into the environment without allowing trading) do not. Both traditional regulation and emissions trading rely upon the threat of a monetary penalty to secure compliance with government commands setting emission limitations.3 Perhaps neither traditional regulation nor emissions trading should be considered economic incentive programs, because both rely upon government commands.4 Or perhaps both should be considered economic incentive programs, because monetary penalties provide a crucial economic incentive in both systems. Rather than define economic incentives, scholars employ a conventional dichotomy that contrasts "command and control" regulations (rules that dictate precisely how a polluter must clean-up) with economic incentives.5 They claim that command and control regulations work inefficiently, discourage innovation, and fail to provide continuous incentives to reduce pollution, but that emissions trading and other economic incentive programs overcome these problems.6 The dichotomy between command and control regulations and economic incentives has had a powerful influence upon policy.7 On October 22, 1997, President Clinton outlined his plans to address global climate change, an increase in global mean surface temperatures that emissions of carbon dioxide and other "greenhouse gases" cause.8 The President's speech stressed the issue's importance by referring to some possible consequences of climate change including "disruptive weather events" (such as droughts and floods), the spread of "disease bearing insects," and receding glaciers (which might cause inundation of coastal areas).9 President Clinton did not mention a single new traditional regulatory program or propose any specific cuts in greenhouse gas emissions, such as carbon dioxide, below 1990 levels to combat this potential menace. Instead, he announced a "package of strong market incentives, tax cuts and cooperative efforts with industry."'o The President's package included emissions trading, which is the "economic incentive program" most often implemented. His proposal would allow polluters in one country to avoid greenhouse gas reductions at home in exchange for pollution reductions abroad." Not surprisingly, emissions trading became an important element of the subsequently negotiated Kyoto Protocol on climate change, in which the developed countries apparently agreed to modest cuts in greenhouse gas emissions.'2 A few days prior to Clinton's speech on climate change, the Environmental Protection Agency (EPA) released its proposal to address interstate pollution, an important impediment to delivering healthful air under the 1990 Amendments to the Clean Air Act.'3 The EPA, predictably, called for an interstate emissions trading program.'4 This Article develops a theory of economic incentives. Any program to regulate or to deregulate creates economic incentives.'5 The programs referred to as "economic incentive" programs all envision a substantial governmental role of some kind. That is why lawyers, experts in law, write about them.'6 Moreover, traditional environmental law creates free markets. Law performs a fundamental role in creating markets generally," and environmental law is no different. For example, laws requiring businesses to keep promises to customers and suppliers (contract) make commercial transactions possible. …

54 citations



Book
15 Dec 1998
TL;DR: This book discusses Principles, Practices, and Priorities for a New Century, and discusses policy issues, trends, and trade-offs related to environmental management.
Abstract: UNDERSTANDING ENVIRONMENTAL ISSUES Environmental Management: Policy Issues, Trends, and Trade-Offs What Every Manager Should Know About Environmental Law Seven Legal Trends That Every Manager Should Know WORKING WITH STAKEHOLDERS TO PRODUCE ENVIRONMENTAL VALUES Designing Total Quality Environmental Management Working with the Media Working with Communities Communicating Risk Resolving Environmental Disputes DELIVERING ENVIRONMENTAL INFORMATION SYSTEMS Building Strategic Environmental Information Systems Managing Scientific and Technical Personnel Managing Contracts and Grants Adapting to Environmental Challenges: A Policymaker's Tool Kit LESSONS Principles, Practices, and Priorities for a New Century.

Journal ArticleDOI
TL;DR: In the post-Mao era, one highly significant dimension of China's official programme of reform and integration into the international economy has been a commitment to legal construction as discussed by the authors, which has included a sustained effort to fashion a basic corpus of environmental protection law alongside supportive institutions, administrative norms and policies.
Abstract: In the post-Mao era, one highly significant dimension of China's official programme of reform and integration into the international economy has been a commitment to legal construction. This commitment has included a sustained effort to fashion a basic corpus of environmental protection law alongside supportive institutions, administrative norms and policies, in order to create a “basic legal system of environmental protection” (huanjing baohu de jiben falii zhidu).' In the eyes of the authorities in the People's Republic of China, such efforts reflect a degree of environmental concern that is unusually strong for a developing society.2 China's achievements, we are often told, must be placed in the context of the considerable difficulties the PRC faces in terms of the pressing need to raise living standards, a serious problem of over-population, a shortage of natural resources, an outdated industrial infrastructure and poor industrial management.3 Of course, viewed comparatively, the PRC's embrace of environmental protection law was somewhat belated,4 only properly commencing after its participation in the 1972 United Nations Conference on the Human Environment held in Stockholm. The subsequent expansion of environmental legislation and enforcement has been some-what erratic. Nevertheless, there appears to be a continuing intent to fashion a substantial body of environmental law, and concern with the construction and revision of this was further enhanced by China's participation in the 1992 UN Conference on Environment and Development, held in Rio de Janeiro. Following this, Premier Li Peng “made a commitment to conscientiously implement resolutions adopted at the Conference”5 and, given the PRC's very substantial size and population, a positive embrace of internationally acceptable standards of environmental welfare is highly significant for future global environmental protection. This article examines the principal features and significance of the PRC's domestic environmental protection law, and considers briefly the implications of the Chinese approach to environmental law for understanding the development of law more generally in post-Mao China.

Book
01 Mar 1998
TL;DR: Oyster Wars and the Public Trust as discussed by the authors is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law.
Abstract: Who owns tidal waters? Are oyster beds common holdings or private property? Questions first raised in colonial New Jersey helped shape American law by giving rise to the public trust doctrine. Today that concept plays a critical role in public advocacy and environmental law. Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims. McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the courtrooms and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent. Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.

Book
01 Jan 1998
TL;DR: In this article, the authors present International Environmental Law in the 21st century, covering traditional issues such as transfrontier pollution and shared resource allocation and examining newer and emerging issues, such as climate change, biological diversity and human rights implications.
Abstract: This dynamic casebook offers a coherent presentation of a complicated area: - offers an introduction to international law and institutions as a foundation for the study of global norms applicable to environmental problems - presents International Environmental Law in the 21st century, covering traditional issues such as transfrontier pollution and shared resource allocation and examining newer and emerging issues such as climate change, biological diversity and human rights implications - takes an interdisciplinary approach in an analytical framework - leads students from fundamental issues to sophisticated applications in four main parts: The Nature of International Environmental Issues, Pollution Control, Natural Resource Management, and Trade and Finance - thorough Teacher's Manual The authors use a skillful blend of material to capture and hold student interest: - detailed case studies - convenient appendices on Researching International Environmental law, International Organizations, and General Steps in Formulating Multilateral Agreements - detailed discussions of the relationship between international and domestic implementation of law - in-depth coverage of the liability, accountability, and valuation of natural resource damages Changes to the Second Edition include: - new developments in international environmental law, including compliance with agreements, international health problems, biotechnology, developments in WTO and NAFTA, sustainable economic development, and accountability of international institutions - the book is redesigned and condensed to make the materials readily accessible to a broad variety of students, bothin the United States and abroad - the rewritten introductory chapter now begins with a short history of international environmental law, the nature of international environmental problems, and political and economic contexts - several new case studies demonstrate the major problems involved in international environmental law and highlight the many interests surrounding treaty negotiations



Journal ArticleDOI
TL;DR: In this article, the authors examine the impact of the globalisation of environmentalism on commercial tropical timber management in the Asia-pacific region and argue that the environmental rhetoric surrounding forest management has shifted.
Abstract: Over the last 30 years, the number of global environmental agreements and non‐governmental organisations has proliferated, and international organisations, states, societies, corporations, and communities have, to differing degrees, been influenced by environmental values. Yet the global spread of environmental ideas has been uneven, contributing to important changes in some areas and minimal changes in others. This article examines the impact of the globalisation of environmentalism ‐ including the globalisation of environmental ideas and attitudes, international agreements and institutions, international and local non‐governmental organisations, and environmental sections within states ‐ on commercial tropical timber management in the Asia‐Pacific. It argues that the environmental rhetoric surrounding forest management has shifted. This has contributed to some government policy reforms. However, few concrete changes to logging practices have occurred in areas that still retain large commercial forests, ...

Journal ArticleDOI
TL;DR: In this article, the authors examine two organizational positions concerning environmental policies, compliance and prevention, and suggest that a proactive environmental policy becomes a competitive advantage when the development and implementation of pollution prevention programs results in firm resources being developed such as increased organizational learning and higher employee skills and involvement.
Abstract: The article focuses on if organizations with a pro-environmental policy benefit with bottom-line profitability as a result. It examines two organizational positions concerning environmental policies, compliance and prevention. It states that with a compliance stance, organizations resist the passage and enforcement of environmental legislation and regulations, while prevention goes beyond compliance and works toward source reduction and process innovation. It suggests that a proactive environmental policy becomes a competitive advantage when the development and implementation of pollution prevention programs results in firm resources being developed such as increased organizational learning and higher employee skills and involvement.

Book
01 Aug 1998
TL;DR: The focus of as mentioned in this paper is divided between international conventions and United States (US) domestic laws, and it is generally beyond the scope of this book to examine national laws: international conventions are described on the footing that these have been (or are due to be) enacted in the domestic laws of many states in the international community.
Abstract: The focus of this book is divided between international conventions and United States (US) domestic laws. The latter are of particular importance because of the large volume of oil and chemicals imported annually by the US, and because US domestic laws on the subject represent a high-water mark of regulation whose complexities are many. Otherwise it is generally beyond the scope of this book to examine national laws: international conventions are described on the footing that these have been (or are due to be) enacted in the domestic laws of many states in the international community, and that they are discussed with the reservation that it may remain necessary for the reader to investigate possible intricacies of national law. The book describes how marine environmental law has not only changed, it has extended its boundaries in ever widening areas of concern. The authors describe how the maritime industry is clearly entering a new era of environmental challenges not only for industrialized nations but also for developing countries as well. The book examines the removal of wrecks, dumping at sea, shipment of waste, dismantling of vessels, new regimes on ballast water management and anti-fouling systems, and emerging topics such as greenhouse gas emissions for the first time. The authors have also more fully covered the main international laws to prevent pollution from ships and enforce international rules. The final and longest chapter of the book deals with criminal liability for pollution from ships. Violations of international rules continue to be committed by a small minority of operators that fail to fully embrace proper shipboard waste management practices.

Journal Article
TL;DR: The ISO 14000 standard is a voluntary environmental management and procedural standard that addresses environmental management from six vantages: environmental management systems, environmental performance evaluations, environmental auditing, life cycle assessments, environmental labeling, and environmental aspects in production standards.
Abstract: I. INTRODUCTION Increasingly complex and comprehensive regulations(1) designed to state the end result to be accomplished by industries and then provide for civil, criminal, administrative, and citizen enforcement of those goals have dominated the first three decades of environmental law. While these end-of-the-pipe initiatives have led to substantive, real accomplishments by abating environmental pollution,(2) the limits of these regulations are also being realized. There is a trend toward pollution prevention and market-based approaches to regulation within both non-governmental organizations(3) (NGOs) and the government. Promulgated by the International Organization for Standardization, with the participation of 50 of its 111 member nations,(4) ISO 1.4000 is a voluntary environmental management and procedural standard. It addresses environmental management from six vantages: environmental management systems, environmental performance evaluations, environmental auditing, life cycle assessments, environmental labeling, and environmental aspects in production standards.(5) Command and control regulations are still another important tool in environmental law. These strict regulations set the stage for environmentally sound business.(6) But once the obvious problems of dumping and egregious discharges and emissions are curbed, the limits of the command and control regulations arise.(7) The primary concern is that command and control regulations promote adversarial relationships between industry and government and hinder collaborative efforts.(8) There is concern that these regulations are narrow in scope, ignoring the benefits of pollution prevention and "eco-efficiency."(9) Pollution prevention is a proactive approach(10) that recognizes both the benefits of compliance with existing environmental law combined with performance above and beyond current requirements. In governmental enforcement, "there is continued bipartisan public support for maintaining strong environmental protection laws in the United States" even in the backlash of budget cuts and regulatory reforms.(11) This can be accomplished through the Environmental Protection Agency's (EPA) innovative approaches. In the 1991 Pollution Prevention Strategy,(12) the EPA recognized that industrial commitment and advancement in the area of pollution prevention could properly be considered when rendering decisions on "grants, prioritizing enforcement goals, defining what penalties will be sought for which action, and when negotiating settlements."(13) Similarly, industry has gravitated toward the effective implementation of pollution prevention strategies.(14) Industry considers the "shareholder value [that] can be created by managing environmental assets and impacts more effectively."(15) As pollution prevention measures become integral to negotiated settlements with the government and are used by the government to reduce fines and liabilities, environmental law in the year 2000 will reflect primary health care and superior compliance rather than emergency surgery and minimum compliance. The common goal of pollution prevention is shared by both command and control regulations and innovative compliance assurance programs such as ISO 14000. Alone, neither can meet the challenge efficiently. Successfully augmenting existing regulations with compliance assurance programs is the task facing the environmental craftsman. Businesses today compete in a global marketplace. Environmental regulations or concerns at any point along the spectrum of consumers, suppliers, and producers can have a domino effect. Environmental law is not an elective concern for businesses today, it is a prerequisite.(16) National environmental legal systems throughout the world "differ on theories of liability [that] they apply in environmental law and on the amount of discretion allowed in enforcement."(17) This implicates trade concerns, which mobilizes international governmental organizations. …

Book
07 May 1998
TL;DR: De Waart et al. as discussed by the authors presented a review of international economic law with a human face, focusing on international trade and human rights from the perspective of the World Trade Organization (WTO).
Abstract: Preface Judge G.C. Weeramantry. List of Authors. List of Abbreviations. International Economic Law with a Human Face: An Introductory Review P. de Waart, F. Weiss. I: Towards a New Human and Economic Order. 1. Legal Context: Concepts, Principles, Standards and Institutions M.C.W. Pinto. 2. The Erosion of State Authority and Its Implications for Equitable Development O. Schachter. 3. Globalization and the Future Role of Sovereign States P. Malanczuk. 4. Emerging State Practice of Democratic Government with Special Reference to Commonwealth and South Asia K. Hossain. 5. Internationally Recognized Labour Standards and Trade F. Weiss. 6. Quality of Life at the Mercy of WTO Panels: GATT's Article XX an Empty Shell? P. de Waart. 7. The Inseparability of Development and Human Rights in the Practice of Development Co-Operation K. Ginther. 8. International Trade and Human Rights from the Perspective of the WTO A. Qureshi. II: Trade, Environmental Protection and Resource Management. 9. Rethinking States' Rights to Promote Extra-territorial Values A. Nollkaemper. 10. WTO Rules Supporting Environmental Protection A. Ziegler. 11. Sustainable Development and the 1994 Energy Charter Treaty: Between Pseudo-Action and Management of Environmental Investment Risk T. Walde. 12. Evolution and Impact of Sustainable Development in the European Union W. Douma. 13. External Relations and the Periphery of EU Environmental Law D. Chalmers. 14. Integrating Environmental Concerns into Trade Relations: The European Union Revised General System of Preferences E. de Haan. 15. Regional Integration and Protection of Environment: The Case of MERCOSUL S. Camargo Vieira. 16. Sustainable Development in the APEC R. Ida. 17. Towards Sustainable Tourism in the Wider Caribbean Region: Beyond Command and Control D. Freestone, N. Gunningham. 18. Reciprocity in International Development Co- Operation: The Case of the Netherlands and the 'BBC-Countries' N. Schrijver. III: Investment and Finance. 19. Sustainable Development with a Human Face P. Peters. 20. Foreign Investment and Sustainable Development S. Subedi. 21. Towards a Multilateral Investment Agreement (MAI): The OECD and WTO Models and Sustainable Development P. Muchlinski. 22. Fade-Away of Socialist Market Economy: China's Participation in the WTO Yuwen Li. 23. Relations of the WTO with Other International Organizations and NGOs W. Benedek. 24. Access to ICSID Dispute Settlement for Locally Incorporated Companies C. Schreuer. 25. The World Bank Group and Sustainable Development G. Loibl. 26. Exchange Rates and Development H. Visser. 27. Financing the Protection of Global Environment E. Denters. Index.

Book
10 Sep 1998
TL;DR: Gao et al. as mentioned in this paper present an overview of the state of the art in environmental regulation of the oil and gas industry in the 20th century and beyond, and present a legal framework for offshore exploration and extraction.
Abstract: Part I: Introduction. 1. Environmental Regulation of Oil and Gas in the 20th Century and Beyond: An Introduction and Overview Zhiguo Gao. Part II: International Regulation. 2. The Oil and Gas Industry in the Tangled Web of Environmental Regulations: Spider or Fly? A. Dias. 3. International Legal Regime for the Protection of the Marine Environment Against Pollution from Offshore Petroleum Activities S. Vinogradov, J.P. Wagner. 4. International Law on Offshore Abandonment: Recent Developments, Current Issues and Future Directions Zhiguo Gao. Part III: Regional Regulation. 5. European Union Environmental Law and Policy in Relation to Oil and Gas Activities D.A. Reid. 6. The European Energy Charter and Treaty and the Environment R. Griffith. 7. Regional Perspective on Trade and Environment: The European Union J. Scherer. Part IV: National Regulation. 8. Environmental Regulation of the Oil and Gas Industry in the U.S.A. J.E. Hickey, Jr. 9. The Oil Industry and the Extraterritorial Application of U.S. Environmental Law E.E. Smith. 10. Environmental Issues in International Oil and Gas Exploration and Production J.A. Kotvis. 11. Directions in European and the United Kingdom Environmental Policy and Legislations C. Napier. Part V: Corporate Environmental Management. 12. Approaches to Minimizing the Environmental and Social Impacts of Oil Development in the Tropics A.B. Rosenfeld, et al. 13. Quality Standards for Corporate Environmental Management P. Wenman. 14. Managing Environmental Legal Risks in Oil and Gas E&P Activities K. Armstrong. Part VI: Contractual, Downstream and Sustainability Issues. 15. Environmental Concepts in Petroleum Exploration Contracts I.L. Worika. 16. Downstream Energy: Resuming a Leadership Role J.C. Gault. 17. Sustainable Development of Petroleum Resources: The Rumpus and Resolution S.W. Onuosa.

Journal ArticleDOI
TL;DR: In this article, the authors examine how the law promotes and hinders the movement toward an ecological management and ownership regime, and suggest that recent ecosystem management initiatives should provide useful lessons about how ecological principles can be further incorporated into the law.
Abstract: American law, with its emphasis on boundary lines and property rights, does not reflect an advanced understanding of ecology. Nonetheless, on the federal public domain, the concept of ecosystem management has now been endorsed by all of the federal land-management agencies. Despite few explicit references to ecosystems or biodiversity, laws like the Endangered Species Act of 1973, National Forest Management Act of 1976, and National Environmental Policy Act of 1969 can and are being interpreted to support recent ecosystem-management initiatives. It is less clear that ecosystem-management principles can be readily transferred to private property. This shortcoming means that the law has not fully absorbed the lessons of ecology. I examine how the law promotes and hinders the movement toward an ecological management and ownership regime. I also suggest that recent ecosystem-management initiatives should provide useful lessons about how ecological principles can be further incorporated into the law.


Journal ArticleDOI
TL;DR: In this article, the authors analyse the mechanism of joint implementation in the Climate Change Convention and in the forestry sector and argue that these projects have a very limited effect on carbon sequestration considering that woody biomass eventually decays or burns.
Abstract: Increased human activity is causing a build-up of greenhouse gases (GHGs) which are thought to contribute to global warming. Climate change is an international environmental concern because the effects of GHG emissions will be felt throughout the world irrespective of their origin.Similarly,mitigation activities undertaken anywhere in the world have the same impact on the global environment. The Framework Convention on Climate Change, opened for signature in June 1992 during the Rio conference, seeks to address the problem of global warming at the international level. It has received widespread acceptance and has been ratified by 171 states.While the convention does not set out specific emission reduction targets,the recently adopted Kyoto Protocol sets out quantified emission limitation and reduction commitments for OECD countries and countries undergoing the process of economic transition to a market economy (Annex B parties).Annex B parties commit themselves to reduce their overall GHG emissions by at least 5 per cent below 1990 levels between 2008 and 2012.1 Developing countries do not take on emission limitation or reduction commitments. In the first part of this article,we analyse the mechanism of joint implementation (JI) generally and in the Climate Change Convention specifically.The second part concentrates on JI projects in the forestry sector.We argue that the carbon sequestration potential of trees on which JI forestry projects are predicated has not been proven.Indeed,in the long term,these projects have a very limited effect on carbon sequestration considering that woody biomass eventually decays or burns.We also argue that JI forestry projects often conflict with local and international environmental priorities.The third part addresses concerns with JI at the international level.It focuses on reordering JI priorities and fitting development concerns in JI.



MonographDOI
01 Jan 1998
TL;DR: The concept of an "environmental right" was introduced by the European Union and its member states in the early 1970s as mentioned in this paper, and has been widely accepted as a fundamental human right.
Abstract: 1. The concept of an 'environmental right' 2. Has the European union conferred environmental rights upon its citizens? 3. Town and Country Planning 4. Do we have a right to breathe clean air? 5. A right to clean water? 6. Radiological Protection 7. The erosion of property rights 8. Landscapes, species and habitats 9. Are ecocentric rights so very different?