Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 15 of 15
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 …
The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld
The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld
Northern Illinois University Law Review
In this article, the authors explain the critical role of the Attorney General in the enforcement of Illinois' environmental laws. Improvements made in the attorney-client relationship between the Attorney General's Office and the Illinois Environmental Protection Agency have led to streamlined enforcement of cases and a stronger prioritization of environmental matters. Attorney General Burris' hands-on management style in prosecuting environmental violations and formulating initiatives to strengthen enforcement is explained. The first part of the article describes the responsibilities and function of the Attorney General as chief legal officer for the State in his representation of State agencies and as lawyer …
Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace
Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace
Washington and Lee Law Review
No abstract provided.
A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs
A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs
Duke Journal of Comparative & International Law
No abstract provided.
Night The Water Of Changing Tides: Coastal Zone Management After Lucas V. South Carolina Coastal Council, Perrin Q. Dargan
Night The Water Of Changing Tides: Coastal Zone Management After Lucas V. South Carolina Coastal Council, Perrin Q. Dargan
South Carolina Law Review
No abstract provided.
Environmental And Resource Law In Australia, Ben Boer
Environmental And Resource Law In Australia, Ben Boer
Osgoode Hall Law Journal
This article outlines the development of environmental and resource law in Australia and explores its constitutional and political setting. The need for a national approach to the environment within the context of Australia as a federally organized country is recognized, particularly with regard to Australia's international obligations and the fact that environmental issues span state, territory, and/or national boundaries. It is argued that, to date, federal action with respect to the environment does not satisfactorily demonstrate the emergence of a national environmental strategy. However, the recent Intergovernmental Agreement on the Environment, signed by the state and federal governments in 1992, …
Toward The Twenty-First Century: A Canadian Legal Perspective On Resource And Environmental Law, Constance D. Hunt
Toward The Twenty-First Century: A Canadian Legal Perspective On Resource And Environmental Law, Constance D. Hunt
Osgoode Hall Law Journal
This paper surveys existing and emerging Canadian approaches to environmental and resource management issues, and assesses the strengths and weaknesses of some of our past and current approaches. It considers the challenges posed by the fact that Canada is a federal state as illustrated by jurisdictional competition regarding environmental assessment. The successful utilization of cooperative strategies is considered and examples are given of new problems that need to be addressed. Difficulties faced by governmental, judicial, and administrative bodies are surveyed. Examples are given of emerging legislative strategies. It is concluded that, while much change is apparent, it is far from …
Primer On Federal Facility Compliance With Environmental Laws: Where Do We Go From Here?, Nelson D. Cary
Primer On Federal Facility Compliance With Environmental Laws: Where Do We Go From Here?, Nelson D. Cary
Washington and Lee Law Review
No abstract provided.
Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson
Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson
Duke Environmental Law & Policy Forum
No abstract provided.
Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young
Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young
Duke Environmental Law & Policy Forum
No abstract provided.
Recycling: A Report From The Laboratories, Steven P. Reynolds
Recycling: A Report From The Laboratories, Steven P. Reynolds
Villanova Environmental Law Journal
No abstract provided.
Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard
Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard
Duke Environmental Law & Policy Forum
No abstract provided.
Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg
Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg
Duke Environmental Law & Policy Forum
No abstract provided.
Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel
Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel
Duke Environmental Law & Policy Forum
No abstract provided.