Global Issues in Environmental Law
Authors:
McCaffrey, Stephen C. / Salcido, Rachael E.
Edition:
1st
Copyright Date:
2009
14 chapters
have results for environment
Chapter II. Planning Processes 17 results (showing 5 best matches)
- In Uganda the National Environment Statute of 1995, the Environmental Impact Assessment Regulations of 1998 (EIA Regulations), and the Environmental Impact Assessment Public Hearing Guidelines adopted in 1999 (Public Hearing Guidelines) guide the process. The National Environment Management Authority (NEMA) established under the National Environment Statute of 1995, is responsible for supervising and monitoring implementation of EIA. The National Environment (Conduct and Certification of Environment Practitioners) Regulations 2003 sets minimum standards and criteria for those environmental practitioners who conduct environmental impact assessments and audits. Under the EIA Regulations, commencing a project without approval from NEMA or making false statements in an EIA is an offence.
- The National Environmental Policy Act (NEPA) was passed in 1969 during the same period as many of the federal statutes that address the quality of the natural environment. However, NEPA is quite different from command and control regulation to restrict pollution. The heart of NEPA is the Environmental Impact Statement or “EIS”. This planning document requires that the government “look before it leaps” into major federal actions that may have a significant impact on the environment. Thus, NEPA does not require that government or those authorized by the government abstain from taking actions that significantly impact the environment. However, the environmental impacts of the proposed actions must be studied in the EIS prior to undertaking action, alternative actions must be identified in the EIS, and the public is given an opportunity to review the EIS. NEPA was meant as a proactive approach to conserving the environment and natural functions through enhanced planning. The United...
- In this chapter we review transboundary environmental impact assessment (TEIA). An early statement of the principle that nations should not cause environmental damage outside their territory is found in the Declaration of the United Nations Conference on the Human Environment, Stockholm 1972 (the Stockholm Declaration). Principle 21 provides
- activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
- (c) A description of the environment likely to be significantly affected by the proposed activity and its alternatives;
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Chapter V. Toxic Substances and Hazardous Wastes 24 results (showing 5 best matches)
- Pursuant to article 1, first paragraph, under 4, of the UNCLOS, the phrase “contamination of the marine environment” is deemed to be: the direct or indirect introduction by man of substances or energy into the marine environment, including estuaries, which has or is very likely to have negative repercussions such as damage to natural resources and marine flora en fauna, to entail a danger to human health, impediments to marine activities, including fishing and other rightful uses of the sea, a deterioration of the quality of the sea water as a result of the use thereof and the loss of the recreational value of the environment.
- 2.4.3. The UNCLOS, to the extent relevant here, and the EWSR contain regulations to protect the marine environment, or public health and the environment, during the shipment of waste. In connection with this, the Council considers that, aside from the question whether it has direct effect, the UNCLOS does not impede the fact that pursuant to the EWSR, prior notification is required before proceeding with the shipment of waste substances. These are not special requirements to prevent, reduce and combat contamination of the marine environment as condition for the arrival or entry of a ship as described in article 211, third paragraph, of the UNCLOS.
- Environment Directorate General
- The former EC legislative framework for chemical substances was a patchwork of many different Directives and Regulations which has developed historically. There were different rules for “existing” and “new” chemicals. However, this system did not produce sufficient information about the effects of the majority of existing chemicals on human health and the environment. The identification and assessment of risks—covering the possible hazards of a substance as well as exposure of humans and the environment to it—proved to be slow, as were the subsequent introduction of risk management measures. The former system hampered research and innovation, causing the EU chemicals industry to lag behind its counterparts in the US and Japan in this regard.
- The two most important aims are to improve protection of human health and the environment from the risks of chemicals while enhancing the competitiveness of the EU chemicals industry.
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Chapter I. Introduction: Basic Principles and Rules 56 results (showing 5 best matches)
- Everyone has the right (a) to an environment that is not harmful to their health or well-being; and (b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that (i) prevent pollution and ecological degradation; (ii) promote conservation; and (iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
- The “Precautionary Principle” has been accepted as a part of the law of the land. Articles 21, 47, 48–A and 51–A(g) of the Constitution of India give a clear mandate to the State to protect and improve the environment and to safeguard the forests and wildlife of the country. It is the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. The “Precautionary Principle” makes it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. We have no hesitation in holding that in order to protect the two lakes from environment degradation it is necessary to limit the construction activity in the close vicinity of the lakes.
- 48–A. Protection and improvement of environment and safeguarding of forests and wildlife.—The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
- 6. Mr. Shanti Bhushan, learned Senior Advocate, appearing for some of the builders had vehemently contended that banning construction within one km radius from Badkhal and Surajkund is arbitrary. According to him it is not based on technical reasons. He has referred to the directions issued by the Government of India under the Environment Protection Act and has contended that the construction can at the most be banned within 200 to 500 metres as was done by the Government of India in the coastal areas. He has also contended that restriction on construction only in the areas surrounding Surajkund and Badkhal lakes is hit by Article 14 of the Constitution of India as it is not being extended to other lakes in the country. We do not agree with Mr. Shanti Bhushan. The functioning of ecosystems and the status of environment cannot be the same in the country. Preventive measures have to be taken keeping in view the carrying capacity of the ecosystems operating in the environment...
- “The consequence of this order made by us would be that the lessee of limestone quarries would be thrown out of business. This would undoubtedly cause hardship to them, but it is a price that has to be paid for protecting and safeguarding the right of the people to live in a healthy environment with minimal disturbance of ecological balance and without avoidable hazard to them, to their cattle, homes and agriculture and undue affectation of air, water and environment.”
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Chapter III. Fresh Water 19 results (showing 5 best matches)
- 6. The Riparian Parties shall cooperate on the basis of equality and reciprocity, in particular through bilateral and multilateral agreements, in order to develop harmonized policies, programmes and strategies covering the relevant catchment areas, or parts thereof, aimed at the prevention, control and reduction of trans-boundary impact and aimed at the protection of the environment of transboundary waters or the environment influenced by such waters, including the marine environment.
- The second element of liability under CERCLA is that there must be a “release” or “threatened release” of a hazardous substance from the facility into the environment. See § 9607(a)(4). To determine if there is an actual or threatened release here, we consider the statutory definition of release. CERCLA defines a “release,” with certain exceptions not relevant here, as “any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.” § 9601(22).
- 2. “Transboundary impact” means any significant adverse effect on the environment resulting from a change in the conditions of transboundary waters caused by a human activity, the physical origin of which is situated wholly or in part within an area under the jurisdiction of a Party, within an area under the jurisdiction of another Party. Such effects on the environment include effects on human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors; they also include effects on the cultural heritage or socio-economic conditions resulting from alterations to those factors; …
- [170] In his affidavit, Peter Henry Gleick (Gleick), the President of the Pacific Institute for Studies in Development, Environment and Security regarding sufficient water states—
- liability for cleanup costs on the parties responsible for the release or potential release of hazardous substances into the environment….
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Chapter IV. Air: Climate Change, Ozone Depletion and Transboundary Air Pollution 14 results (showing 5 best matches)
- The most concrete manifestation of this developing international concern for the environment was the 1972 United Nations Conference on the Human Environment, held at Stockholm. This meeting produced the Stockholm Declaration on the Human Environment, the first international declaration of principles governing the field.
- that other effects of regional climate change on natural and human environments are emerging, although many are difficult to discern due to adaptation and non-climatic drivers
- In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
- The Contracting Parties, taking due account of the facts and problems involved, are determined to protect man and his environment against air pollution and shall endeavour to limit and, as far as possible, gradually reduce and prevent air pollution including long-range transboundary air pollution.
- . Stockholm, 16 June 1972, Report of the U.N. Conference on the Human Environment, Stockholm, 5–16 June 1972, U.N. Doc. A/CONF.48/14/Rev.1 at 3 (1973), 11 I.L.M. 1416 (1972).
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Summary of Contents 2 results
Appendix 1. Rio Declaration on Environment and Development 12 results (showing 5 best matches)
- ENVIRONMENT AND
- The United Nations Conference on Environment and Development,
- the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972, and seeking to build upon it,
- the environment of other States or of areas beyond the limits of national jurisdiction.
- The special situation and needs of developing countries, particularly the least developed and those most environmentally vulnerable, shall be given special priority. International actions in the field of environment and development should also address the interests and needs of all countries.
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Table of Contents 7 results (showing 5 best matches)
- A. Constitutional Protection of the Environment
- Rio Declaration on Environment and Development, Principle
- Rio Declaration on Environment and Development, Principle
- Minors Oposa et al. v. Secretary of the Department of Environment and Natural Resources
- European Commission, Environment Directorate General REACH in Brief
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Chapter VI. Wildlife 12 results (showing 5 best matches)
- China, a country of immense size, with significant freshwater resources and mountainous habitat, contains a wealth of biodiversity. In contrast with Costa Rica, China has not adopted a law specific to the conservation of biodiversity. Nonetheless, it has implemented its commitments to CBD through different government agencies and laws, including those addressing environmental protection, forests, marine life, fisheries, protection of wild animals, and regulation of nature reserves and protection of wild plants. The United Nations Development Program/ Global Environment Facility (which helps developing countries fund environmental projects) assisted China in the production of a Biodiversity Conservation Action Plan in 1994. The Plan addressed different sectors—forestry, agriculture, marine environment, wetlands—and set national priorities for the conservation of various ecosystems and species.
- The Protocol deals with two situations by adopting two different procedures. One procedure addresses GMOs meant to be introduced into the environment (such as seeds, live fish, other living organisms—destined to grow and potentially pass on their modified genes to the next generation), and another procedure applies to GMOs used directly as food, feed or for processing.
- All have the right to an ecologically balanced environment … and both the Government and the community shall have the duty to defend and preserve it for present and future generations. In order to ensure the effectiveness of the right, it is incumbent upon the Government to: preserve and restore the essential ecological processes….
- Preserving biodiversity—a rich variety of plant and animal life—is essential for a healthy environment. In the United States, the closest thing to biodiversity legislation is the Endangered Species Act, but the purpose and coverage is obviously much narrower than the preservation of biodiversity as such. In the first section of this chapter two international agreements that promote the preservation of biodiversity are explored. The second section examines the approach to wildlife preservation in one of the most biodiverse countries of the world, Brazil.
- The Convention on Biological Diversity (CBD) is a framework treaty which was opened for signature during the 1992 United Nations Conference on Environment and Development (UNCED). The United Nations Environment Program (UNEP) Governing Council directed a working group to facilitate improved implementation of the various international agreements and activities directed
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Acknowledgments 1 result
Table of Cases 3 results
- Cemsan Ship Dismantling Metal and Steel Industry Trade Limited Company v. Ministry of Environment, Ankara, et al.
- Minors Oposa et al. v. Secretary of the Department of Environment and Natural Resources
- Upperton Ltd. of Mauritius v. Minister of Housing, Spatial Planning and the Environment
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Index 9 results (showing 5 best matches)
Chapter VII. Ocean and Coastal Law 6 results (showing 5 best matches)
- (iii) the protection and preservation of the marine environment;
- . Article available at www.guardian.co.uk/environment/2008/may/28/fossilfuels.arctic.
- It also incorporates the precautionary approach, where lack of certainty regarding serious adverse impacts should not be used as an excuse to avoid conservation measures, and the UNFSA encourages its application “widely to conservation, management, and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect the living marine resources and preserve the marine environment.”
- . The Australian government initiated a review of the Act in 2004, in part to consider harmonization with the Environment Protection and Biodiversity Conservation Act 1999. The review led to recommendations in 2006 that are being implemented through legislative and administrative amendments. On July 1, 2007 the Great Barrier Reef Marine Park Amendment Bill 2007 became effective.
- 3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.
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Preface 1 result
- We begin by surveying basic principles and rules, including constitutional protection of the environment, risk management and economics, the precautionary principle, and intergenerational equity (Chapter I). We then consider planning and prevention from an international standpoint (Chapter II), focusing on international counterparts of the U.S. National Environmental Policy Act of 1969. Next we take up issues relating to fresh water (Chapter III) and air (Chapter IV). We then turn to the international regulation of toxic substances and hazardous wastes (Chapter V). The two final chapters concern wildlife (Chapter VI) and the oceans (chapter VII). Two appendices contain documents that your editors believe contribute valuable perspectives, the 1992 Rio Declaration on Environment and Development (Appendix I), and the 1982 World Charter for Nature (Appendix 2).
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- Publication Date: December 29th, 2008
- ISBN: 9780314184795
- Subject: Environmental Law
- Series: Global Issues
- Type: Global Issues
- Description: This book is designed to facilitate the introduction of international and comparative legal issues into the basic environmental law course, but could also be used in a seminar on the subject. It covers constitutional protection of the environment; the precautionary principle; intergenerational equity; international and comparative approaches to the regulation of air, water, and toxic substance pollution; global climate change; wildlife and biodiversity preservation; the law of the sea; and management of oceans and coastal areas. Once introduced to the challenges of effectively addressing environmental problems, students can easily appreciate the value of concerted international efforts to address those challenges.
