Law Commons^™

Environmental Protection In Nigeria: Two Decades After The Koko Incident, Dr. S. Gozie Ogbodo

Annual Survey of International & Comparative Law

Prior to June 1988, Nigeria responded to most environmental problems on an ad hoc basis. The discovery of toxic waste dumped in Koko, at remote part of southern Nigeria, in June 1988, and the attendant media and public outcry prompted the government to react swiftly. Through diplomatic channels, the Nigerian government succeeded in getting the Italian government and the Italian company that was the culprit to lift the toxic waste out of the country. The Nigerian government followed this action by organizing an international workshop6 on the environment. The result was the formulation of a national policy on the environment. …

Sovereignty Over Natural Resources Under Examination: The Inter-American System For Human Rights And Natural Resource Allocation, Lila Barrera-Hernández

Annual Survey of International & Comparative Law

The present paper is based on the contention that, by virtue of the impact of resource exploitation on individuals, international human rights' tribunals and bodies, particularly the organs of the Inter-American System, are increasingly in the position of "allocator" of natural resources, giving new meaning to the concept of permanent sovereignty.

Foreign Direct Investments And Sustainable Development In The Least-Developed Countries, Zakia Afrin

Annual Survey of International & Comparative Law

This article examines the existing flaws of foreign investment regulations regarding environmental protection in the developing countries. Recommendations to ensure sustainable development in the poor countries will also be presented. For the purposes of explanation, the discussion will be divided in four parts. First, foreign investment will be defined with specific attention to its emergence in the developing countries with brief mention of the actors in foreign investment as well as their influence on the host country's environment. The second part will present an existing conflict between Bangladesh and Occidental Corporation that portrays a typical condition that a developing country …

Genetically Modified Plants: A Need For International Regulation, Henrique Freire De Oliveira Souza

Annual Survey of International & Comparative Law

Amongst all the possible issues related to biotechnology, the issue concerning genetically modified food (GMF) has special importance: while the "creators" of this kind of food are starting to exploit it commercially, resistance to genetically modified food has risen under the leadership of the European countries.

This paper will be confined only to genetically modified plants (GMP) , and their impacts on both the environment and the economy. In this paper, an overview will be provided of the issues involved in the context of GMP, including aspects of consumer and environmental protection, international trade, and intellectual property. Then, and using …

Transboundary Water Pollution And State Responsibility: The Sandoz Spill, Astrid Boos-Hersberger

Annual Survey of International & Comparative Law

No abstract provided.

Conflicts Between International Trade And Multilateral Environmental Agreements, Annick Emmenegger Brunner

Annual Survey of International & Comparative Law

No abstract provided.

The Environmental Law System Of The Federal Republic Of Germany, Monika T. Neumann

Annual Survey of International & Comparative Law

This paper presents a general overview of German environmental law, its principles, and its implementation. It briefly touches on the cultural and historical contexts in which this field of law evolved, as well as on its underlying policy. Being located in the center of Europe, Germany is tied into several systems of international relationships - regional, European, and global - that have to be examined with regard to their impact on German environmental law. Within the scope of this paper, the complex system of the legal obligations produced by these international relationships and German environmental law itself, consisting as it …

Africa And The Environment, Christian N. Okeke

Annual Survey of International & Comparative Law

The point of departure for this paper is the conviction that the major questions and problems, so often dismissed as "problems of the Third World" of which Africa occupies a central place, must be the starting point for the building of a system of international law, and indeed, are the bases upon which the discipline can come to terms with itself in the context of present-day realities. Thus, this attempt to examine environmental law from the point of view of decolonization and development will be deliberately restricted to the African area. This necessitates the placing of Africa very close to …

An International Legal Framework For Forest Management And Sustainable Development, Emmanuel B. Kasimbazi

Annual Survey of International & Comparative Law

This paper examines soft international law principles that regulate forest management. It proceeds from the 1972 Stockholm Conference on Human Environment as a major source of international environmental law and surveys major international customary law norms that have followed. The article ends with the Rio Declaration as the latest source of soft international environmental law. The discussion of the paper hinges on the strength and limitations of soft international law principles in regulating sustainable development of forests.

Current Trends In International Civil Liability For Environmental Damage, Peter Wetterstein

Annual Survey of International & Comparative Law

With the rapid technological and industrial development in the world and the increasing intercourse between countries and people - especially in the fields of technology and trade - the risks of environmental catastrophes with international, (i.e. transboundary) consequences increase all the time. This is, unfortunately, the price that our consumer society has to pay for its demands for a higher standard of living. There exists a conflict between technological progress and the environment.

Protection Of The Environment In Times Of Armed Conflict: Reflections On The Existing And Future Treaty Law, Andronico O. Adede

Annual Survey of International & Comparative Law

This survey indicates that no treaty has been concluded to deal with environmental issues comprehensively. No treaty states basic principles which States would be called upon to observe with respect to the various environmental problems. However, some efforts in this direction are now underway as noted in the concluding section of this paper. The conclusion discusses the current drafts of such general principles as rights and obligations of States in the field of the environment, including specific reference to the question of the environment and armed conflict.