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Full-Text Articles in Law
Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams
Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams
Faculty of Law - Papers (Archive)
Disparate approaches to strategic environmental assessment (SEA) in New South Wales (NSW), Australia and Scotland are compared. The first is fragmented and unfamiliar while the other is well established. A detailed analysis of the use of SEA in each jurisdiction follows a contextual evaluation of its purpose. Whereas the Scottish system is supported by recent regulation and policy, both NSW and the overriding Commonwealth Government follow haphazard actions with few if any settled methodologies. In order to improve its environmental assessment credentials and promote more sustainable development outcomes, NSW might consider the need for SEA more seriously. Investigation of other …
Balancing The Tensions Between Shipping And Marine Environmental Protection In The Straits Of Malacca And Singapore: Have The Straits Reached An Environmental Tipping Point?, Mohd Mohd Rusli
Faculty of Law - Papers (Archive)
Having reputations as two of the world's most critical straits for international shipping activities, the problem of vessel-source pollution has always been endemic in the Straits of Malacca and Singapore. With the projected steady increase of navigational traffic through the Straits of Malacca and Singapore each year, this situation would eventually create more intricate situations for the littoral States of the Straits, namely Malaysia, Indonesia and Singapore especially in maintaining the marine environment of the Straits from vessel-source pollution. Therefore, this article ventures into possible shipping control mechanisms available to the littoral States, namely measures provided by the IMO and …
Marine Snow Storms: Assessing The Environmental Risks Of Ocean Fertilization, Robin M. Warner
Marine Snow Storms: Assessing The Environmental Risks Of Ocean Fertilization, Robin M. Warner
Faculty of Law - Papers (Archive)
The threats posed by climate change to the global environment have fostered heightened scientific interest in marine geo-engineering schemes designed to boost the capacity of the oceans to absorb atmospheric carbon dioxide. This is the primary goal of a process known as ocean fertilization which seeks to increase the production of organic material in the surface ocean in order to promote further draw down of photosynthesized carbon to the deep ocean. This article describes the process of ocean fertilization, its objectives and potential impacts on the marine environment and some examples of ocean fertilization experiments. It analyses the applicability of …
Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner
Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner
Faculty of Law - Papers (Archive)
As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …
Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose
Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose
Faculty of Law - Papers (Archive)
This paper provides an overview of major Australian developments in international environmental law during the term of the Howard government.
Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff
Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff
Faculty of Law - Papers (Archive)
This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.
Environmental Impact Assessment And The Precautionary Principle: Legislating Caution In Environmental Protection, Warwick Gullett
Environmental Impact Assessment And The Precautionary Principle: Legislating Caution In Environmental Protection, Warwick Gullett
Faculty of Law - Papers (Archive)
A noteworthy feature of international environmental discourse since the late-1980s has been the shift toward anticipatory policies. Precaution is the leading policy approach that has emerged to guide environmental decision-makers confronted with inadequate information. The "precautionary principle" has found expression in Australia in the 1992 Intergovernmental Agreement on the Environment, various Commonwealth environmental management strategies and a number of pieces of Commonwealth and State legislation. It also has been accepted tentatively by the courts as a factor which should be taken into account in appropriate circumstances. However, existing Australian environmental management approaches fail to advance precaution in a substantive manner. …
Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett
Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett
Faculty of Law - Papers (Archive)
The principle of precautionary action has been presented by some of its advocates as nothing less than a monumental paradigm shift in environmental management. It is essentially a new legal response to the scientific uncertainties surrounding the capacity ofthe environment to cope with the increasing demands placed upon it. This article outlines why our knowledge of environmental processes is inadequate and addresses the rationale and content of the "precautionary principle", tracing its development from an uncontroversial espousal of commonsense to its emergence as a potentially forceful decision-making norm. It will be argued tliat although the principle has definitional and implementational …