Open Access. Powered by Scholars. Published by Universities.®
Articles 31 - 41 of 41
Full-Text Articles in Law
The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon
The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon
Washington International Law Journal
The threat of oil pollution in the world's busiest waterway, the Malacca Strait, and the legal complications that surround it continues to be a controversial issue despite international law reforms. Recent accidents have demonstrated that current measures to prevent pollution are inadequate and that traditional methods of enforcement are ineffective. Unfortunately, there is a tension between international law of the sea provisions governing pollution control in the Malacca Strait, and the desires of bordering coastal States to regulate vessels trafficking the Strait so that accident risk is minimized. Moreover, there is tension between UNCLOS provisions prohibiting the assessment of fees …
Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa
Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa
Washington International Law Journal
Due to Northeast Asia's increasing energy demand, the Russian Far East's immense oil and gas reserves, and the close physical proximity between the two regions, international petroleum companies are exploring Russia's offshore petroleum reserves in the Far East. The Russian offshore industry, however, presents foreign investors with many legal uncertainties including exposure to environmental liabilities. This Comment suggests that Russia's environmental regulatory system, which includes a constitutional right to a healthy environment, presents international petroleum companies with a new set of circumstances to which they must adapt if Russian reserves are to satisfy Northeast Asia's rising energy needs. To do …
New Developments In Environmental Law And Policy In Taiwan, Dennis Te-Chung Tang
New Developments In Environmental Law And Policy In Taiwan, Dennis Te-Chung Tang
Washington International Law Journal
This article provides a critical review of the important developments of the environmental laws and policies of the Republic of China on Taiwan since 1993. The article also supplements the author's 1990 and 1993 publications. Section II briefs the reader on background political and economic changes. Section III analyzes three new environmental statutes, including the Environmental Impact Assessment Act of 1994. Section IV investigates the problems encountered in some environmental initiatives, including the collection of air pollution control fees and the newly launched "four-in-one" recycling program. Section V summarizes important environmental decisions by the Administrative Court. Section VI suggests strategies …
Environmental Protection Agreements In Japan And The United States, Susan Ridgley
Environmental Protection Agreements In Japan And The United States, Susan Ridgley
Washington International Law Journal
In an environmental protection agreement, local government regulatory authorities and the regulated industry enter into a binding written agreement that specifies limits on pollution and supplements the applicable regulatory requirements. They have been utilized in Japan for over twenty years. This Comment discusses the content and practical uses of these agreements as they have been used in Japan, and postulates their legal status under three theories: that such agreements are relational social contracts; that they are informal administrative guidance; and that they are civil contracts. The legal character of environmental protection agreements in Japan has never been well-defined, primarily because …
Russian Dumping Of Radioactive Wastes In The Sea Of Japan: An Opportunity To Evaluate The Effectiveness Of The London Convention 1972, James R. Mccullagh
Russian Dumping Of Radioactive Wastes In The Sea Of Japan: An Opportunity To Evaluate The Effectiveness Of The London Convention 1972, James R. Mccullagh
Washington International Law Journal
By dumping 900 tons of radioactive waste into the Sea of Japan on October, 13, 1993, the Russian navy violated the moratorium on low-level radioactive waste dumping of the London Convention (the international treaty controlling ocean dumping). However, legal liability under the London Convention, the 1982 United Nations Convention on the Law of the Sea, and international customary law arguably does not attach to this activity. Indeed, even though the London Convention was amended in November of 1993 to prohibit all ocean dumping of radioactive waste, Russia remains legally entitled to use the ocean as a disposal site for low-level …
Deforestation In Cambodia And Malaysia: The Case For An International Legal Solution, Heather A. Wolf
Deforestation In Cambodia And Malaysia: The Case For An International Legal Solution, Heather A. Wolf
Washington International Law Journal
The logging of tropical timber for the export market is the primary cause of deforestation in Southeast Asia. The problem of controlling the tropical timber trade has been addressed on both the national and international level. The existing legal mechanisms, however, have proven to be inadequate. A new multilateral agreement based on the import and export permit system of the Basel Agreement is necessary to control the timber trade and to aid in halting deforestation.
A Comparative Study Of The Formation And Development Of Air & Water Pollution Control Laws In Taiwan And Japan, Chao-Chan Cheng
A Comparative Study Of The Formation And Development Of Air & Water Pollution Control Laws In Taiwan And Japan, Chao-Chan Cheng
Washington International Law Journal
Taiwan and Japan have faced similar environmental problems at comparable stages in their economic development, and have passed through similar stages in the development of their systems of environmental law. Three phases in the development of environmental law making are distinguished: preparatory, formative and developed. This article compares the relative progress of Taiwan and Japan through these stages, and suggests that Taiwan may benefit by studying Japan's analogous prior experiences with pollution prevention and environmental law.
The Development Of China's Environmental Diplomacy, Cai Shouqiu, Mark Voigts
The Development Of China's Environmental Diplomacy, Cai Shouqiu, Mark Voigts
Washington International Law Journal
Over the past decade, activities in the area of international environmental diplomacy have increased. China in particular has increased its efforts to help the global environmental situation, in conjunction with its role as a leader among the rest of the developing world. This essay examines China's historical environmental situation, and presents some of the factors that have influenced, and will continue to motivate, China's environmental decision making.
Environmental Impact Assessments For Major Construction Projects In Taiwan: Problems And Solutions, Ming-Shen Wang, Gow-Liang Huang
Environmental Impact Assessments For Major Construction Projects In Taiwan: Problems And Solutions, Ming-Shen Wang, Gow-Liang Huang
Washington International Law Journal
Taiwan's environmental impact assessment (EIA) process offers little opportunity for genuine public participation, lacks systematic decision-making procedures, and inadequately evaluates and communicates perceptions of risk. This article examines EIA models emphasizing public participation, as well as contemporary theories of conflict management and risk communication, in terms of their potential application towards a restructuring of Taiwan's EIA process.
The Current Status Of Environmental Protection In Taiwan, Lung-Sheng Chang
The Current Status Of Environmental Protection In Taiwan, Lung-Sheng Chang
Washington International Law Journal
Presented by the author as the Keynote Speech of the ROC/US Environmental Law and Management Conference, this piece outlines the formal approaches to environmental control being taken by the Republic of China. It presents in sequence the objectives, strategies, principles, current measures and future emphases of environmental protection efforts—all of which are applicable in varying degrees to government, private enterprise, and the general public. This piece, in presenting an administrative perspective, establishes a context for the analytical articles in this issue.
The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis Te-Chung Tang
The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis Te-Chung Tang
Washington International Law Journal
This Article discusses the development of environmental regulation and preservation in Taiwan in light of United States environmental law. The Article begins with a discussion of how few measures have been enacted to protect the Taiwanese environment. It then illuminates some of the problems with the Taiwanese environmental regulations that do exist. According to the author, some of these problems include: ambiguous and conflicting goals enunciated in the legislation; political pressures on the authorities influencing environmental policies; poor enforcement mechanisms; a legislative bias in favor of regulating new sources of pollution and against enforcing regulations in the case of old …