Environment Law
In: The international & comparative law quarterly: ICLQ, Band 25, Heft 4, S. 913-916
ISSN: 1471-6895
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In: The international & comparative law quarterly: ICLQ, Band 25, Heft 4, S. 913-916
ISSN: 1471-6895
In: Evolving Practice In EU Enlargement With Case Studies In Agri-Food And Environment Law, S. 213-332
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 15, Heft 1, S. 103-104
ISSN: 0506-7286
In: Archiv des Völkerrechts: AVR, Band 33, Heft 1-2, S. 303
ISSN: 0003-892X
In: Current EC legal developments series
Environmental law and policy has come a long way since the birth of the US Environmental Protection Agency in 1970 and the launch of the first European environmental policy in 1972. Today law is no longer centre stage but simply one instrument among others in the environmental regulator's toolkit. And talk of regulation may itself be giving way to the broader concept of environmental governance. This article examines the evolution of environmental law, regulation and governance over almost four decades. It explores the major initiatives of that period and the lessons that can be learned from them, it maps shifting regulatory architectures and explains what has worked and why and it considers the changing nature of the environmental challenge itself. Finally, it seeks to identify which particular architectures are most suited to deal with particular types of environmental problems.
BASE
In: ELNI review, S. 46-53
This article gives an introduction on the potential impact of CETA on environmental law.
CETA – The Comprehensive Economic and Trade Agreement negotiated between Canada, the European Union and its 28 Member States, still awaiting ratification – is likely to have an impact on environmental law, even if it cannot be categorized as an environmental treaty. CETA provides a definition of what environmental law means, it mentions that "it is inappropriate to encourage trade or investment by weakening the levels of protection afforded in their environmental law," it establishes a panel of experts which must have specialized knowledge or expertise in environmental law, it reaffirms "the rights of the Parties to regulate to achieve legitimate policy objectives, such as the protection of public health and the environment," it mentions that "Parties are committed to high levels of protection for the environment" but also adds that this is "in accordance to the TBT Agreement, the SPS Agreement, the GATT 1994, the GATS and this Agreement," it contains a whole chapter on 'Trade and Sustainable Development' and a whole chapter on 'Trade and Environment.' But the question must be asked of whether it sufficiently captures and accommodates the possible confrontation between a trade vision and an investment-protection vision. In that regard, scholarship and UNEP have been long quite clear that the transition towards a greener economy, even if fully WTO-consistent, could include considerable drawbacks from the application of investment disciplines – through the possible award of substantial amounts in damages. CETA seeks definitely to carve out more space for environmental regulation within investment disciplines, but does it go far enough?
An environmental management made for the purpose of obtaining clean and healthy atmosphere is a human right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia. Poor environmental management contributes to the deterioration of the quality of the environment. Therefore, it is necessary to increase its protection and management. Managing the environment for the benefit of rural tourism development is the responsibility of community members who are business actors and the government. The function of the government together with business actors and the community in preserving the environment is a function of public services to ensure that every resident obtains a good and healthy environment. Thus, in the event that business actors or the public fail to carry out their obligations and which are not in accordance with the nature of environmental conservation, the government may hold the business actors and the public accountable, who in carrying out their activities, are negligent in preserving the environment, either administratively, civilly or criminally. Likewise, in the event that the government is proven to have taken actions that are not in line with the provisions of the law on environmental protection and management, they can be held legally liable. This study is qualified as empirical legal research, with the application of several types of approaches, such as a field-based approach, a statutory approach, a conceptual approach, a comparative approach, a case approach, and a cultural approach based on local community wisdom. The results of the study show that environmental management is an effort to carry out responsibilities that are massively difficult, resulting in a decrease in the quality of the environment that is becoming increasingly real. Therefore, in the event that pollution and environmental destruction occur, the perpetrators can be held accountable both in civil law and criminal law. However, in a context like Bali, regulations integrating the values that develop in society in protecting and preserving the environment are an ideal form to protect and manage the environment in a rational way to realize sustainable tourism development.
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In: Carolina Academic Press law casebook series
In: Lloyd's shipping law library
The environmental aspects of shipping -- Compensation from the shipowner under the Civil Liability Convention 1992 -- Compensation from the international oil pollution compensation funds -- Oil pollution - the position in the United States -- Pollution from offshore operations and craft -- Pollution from ships' bunkers -- HNS damage and the hazardous and noxious substances convention 2010 -- HNS damage - the position in the United State -- Claims - general principles -- Clean-up operations and other preventive measures -- Damage to property -- Economic loss -- Damage to natural resources and costs of restoration -- Salvors -- Charterers and cargo owners -- Ship managers, operators and associated parties -- The owners of colliding ships -- Pilots and maritime authorities -- Ship financiers -- P&I clubs and other liability insurers -- Hull and cargo insurer -- Limitation of liability for pollution and HNS damage -- International rules to prevent pollution from ships -- Prevention of pollution from ships in the United States -- The response to an incident - international conventions -- The response to an incident - the position in the united states -- Removal of wrecks and dumping at sea -- Shipment of waste and dismantling of vessels -- Enforcement of rules to prevent pollution -- Criminal liability for pollution from ships.
In: European journal of international relations, Band 23, Heft 1, S. 168-191
ISSN: 1460-3713
This article examines the development of Afghanistan's Environment Law to explore the politics of institutional change in a conflict-affected context. Environment was catapulted to prominence in 2002 when it was included in the agenda for reconstruction under the new transitional government. Subsequent efforts to reconstitute Afghanistan's environmental institutions culminated in the Environment Law written by the United Nations Environment Programme and other international actors, with input from the Government of Afghanistan. The Environment Law was crafted as a model of best practice, intended to modernize Afghanistan's legislative foundation. However, it experienced significant content drift during the ratification process. As a result, the Environment Law produced institutions that differed in important ways from those initially proposed. Capitalizing on changes made during ratification, I analyze how actors across governance scales interact to translate development models from international to domestic policy spaces. I draw on both structure- and agent-oriented explanations to argue that changes to the Environment Law reflect attempts to increase structural complementarity between global and local systems of governance and cross-scalar contests over authority in the post/conflict landscape. The data suggest that interactions between domestic and international domains provided an opportunity to challenge institutional meaning and content. Ultimately, exploring how global models are incorporated within local contexts provides explanatory power for understanding institutional development. This is important in conflict studies, where the expansion of security theory to include issues like environment has provided new opportunities for strategic intervention by international actors in managing global conflict and its aftermath.
In: An ABC book
In: European journal of international relations, Band 23, Heft 1, S. 168-191
ISSN: 1354-0661
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