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Full-Text Articles in Law
Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker
Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker
Vanderbilt Journal of Transnational Law
In this Article, Dean Baker examines the compatibility of multilateral environmental agreements with the provisions of the General Agreement on Tariffs and Trade (GATT). The author discusses the key provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change, and the GATT. The author then reviews the conflict between unilateral environmental protection and open and free trade under the GATT. The author concludes the collective interests represented by international environmental agreements, and the agreements themselves, should provide a …
The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis T. Tang
The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis T. Tang
Vanderbilt Journal of Transnational Law
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 …