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Business, Steven R. Ratner
Business, Steven R. Ratner
Book Chapters
This chapter seeks to expose some of the divergences between doctrine and reality, and to suggest ways of understanding the field that take proper account of business. It does so first by examining the roles and goals of business entities with respect to international environmental law. It then examines how international law has accommodated the place of business in environmental policy with respect to two key issues: (1) corporations as the target of legal obligations; and (2) corporations as participants in the process of international environmental law, particularly with respect to law-making and implementation. I conclude with some thoughts regarding …
The Constitutional Framework Of Environmental Law, Philip Soper
The Constitutional Framework Of Environmental Law, Philip Soper
Book Chapters
For federal and state legislators .seeking legal solutions to environmental problems, "constitutional law" is a part of "environmental law" only in the indirect sense of providing the basic legal framework with which substantive environmental standards-like all legislative standards-must ultimately comport. When Congress, for example, enacts legislation to control pollution or to protect endangered species, the constitutional issue theoretically presented is whether such legislation exceeds limits placed by the Framers on federal legislative authority. These limits may result either from the lack of federal power to deal with the problem or from conflict between a federal regulatory scheme and the constitutional …