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Environmental Law

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Articles 691 - 720 of 798

Full-Text Articles in Comparative and Foreign Law

Investments In Free Economic Zones: Analysis Of Factors And Policies Underlying Their Success, Ihor Mehedynyuk Jan 1999

Investments In Free Economic Zones: Analysis Of Factors And Policies Underlying Their Success, Ihor Mehedynyuk

LLM Theses and Essays

This thesis will focus on the experience of those developing countries whose FEZs have been regarded as successful in attracting foreign investment and creating a suitable environment for the activity of zone-based foreign enterprises. Furthermore, it will examine the major aspects of FEZ operations and legal and economic strategies of host countries. Chapter I will concentrate on issues relating to foreign investment, types of attitudes towards foreign investment and their relationship with investment policies of host countries and the role of legal systems in attracting foreign investment. Chapter II will provide an overview of various types and characteristics of FEZs, …


Dedication: Professor Albert E. Utton (1931-1998), David H. Getches Jan 1999

Dedication: Professor Albert E. Utton (1931-1998), David H. Getches

Publications

No abstract provided.


The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton Jul 1998

The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton

Washington International Law Journal

With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …


Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer Apr 1998

Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer

Law Faculty Articles and Essays

My environmental work has increasingly assumed an international dimension, an odd twist in a career that began with civil rights and poverty law, moved into teaching, and now is expanding into international trade and both international and domestic environmental law. The world of international environment and development lead inevitably to travel. My work in the past year has meant Honduras, Portugal, Spain, Ecuador, and Colombia--with Russia and perhaps China, Malaysia, and Thailand looming on the horizon. But last August when I arrived in Ulaanbaatar, the capital of Mongolia, and stood beside the statue of national hero and Marxist liberator Choibalsan, …


A Comparison Of Protecting The Environmental Interests Of Latin-American Indigenous Communities From Transnational Corporations Under Internation Human Rights And Environmental Law, Maura Mullen De Bolívar Jan 1998

A Comparison Of Protecting The Environmental Interests Of Latin-American Indigenous Communities From Transnational Corporations Under Internation Human Rights And Environmental Law, Maura Mullen De Bolívar

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Global Environmental Issues: The Genuine Area Of Globalization, Rudolf Dolzer Jan 1998

Global Environmental Issues: The Genuine Area Of Globalization, Rudolf Dolzer

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Environmental Rights Statutes In The United States And Canada: Comparing The Michigan And Ontario Experiences, Joseph F. Castrilli Jan 1998

Environmental Rights Statutes In The United States And Canada: Comparing The Michigan And Ontario Experiences, Joseph F. Castrilli

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson Jan 1998

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …


Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson Jan 1998

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …


Instituting Environmental Protection: From Red To Green In Poland, Daniel H. Cole Jan 1998

Instituting Environmental Protection: From Red To Green In Poland, Daniel H. Cole

Books & Book Chapters by Maurer Faculty

Under socialism, Poland suffered tremendous environmental devastation. After socialism, Poland's environmental performance has improved remarkably. This book explains that system-specific institutions of socialism undermined environmental protection by creating regulatory conflicts of interest that led the Party/state to soften budget and law constraints on polluters. Those problems have diminished in post-Communist Poland as socialist legal, political and economic institutions have been replaced by liberal-democratic institutions and competitive markets. The analysis carries important implications for an institutional theory of environmental protection.


England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy Jan 1998

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Law Faculty Scholarly Articles

An important contemporary problem in environmental regulation concerns the cleanup of property that is an unfortunate legacy of the modem industrial age—acres of land affected by past inadequate disposals of toxic substances. The United States began to address this problem in 1980 with the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA establishes both a liability regime for assigning the costs of cleaning up lands contaminated by the release of hazardous substances and regulatory requirements defining how those cleanups are to be pursued. In 1995, England enacted the Contaminated Land Act (alternatively referred to as the …


The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers Jan 1998

The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers

LLM Theses and Essays

An analysis of the transboundary movement of hazardous waste requires a comparative examination of three main regulatory entities. First, the international Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal will be covered. More particularly, an inquiry of its raison d'etre, will be followed by a critical examination of its goals and mechanisms. The relationship the United States has with the Convention and its national approach towards the export of hazardous waste will be covered next. A brief investigation of the real situation impacts of the Basel Convention will finalize this chapter. The second …


Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman Jan 1998

Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman

Faculty Scholarship

One hundred days after taking office as Chief Executive of the Hong Kong Special Administrative Region (Hong Kong SAR) of the People's Republic of China, Tung Chee-hwa pledged both to take steps to improve Hong Kong's environment, and to increase coordination of environmental policy with officials in neighboring Guangdong Province. Tung's comments marked a rhetorical shift from environmental policy in British Hong Kong: eight years earlier, the Hong Kong government's first White Paper on environmental policy, Pollution in Hong Kong – A Time to Act, made only passing mention of China. Yet the White Paper was not alone in …


The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price Oct 1997

The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price

Cardozo Journal of International and Comparative Law

The article posits that media regulation is a tool used by governments to maintain power structures through the control of the "market for loyalties." This concept suggests that laws are employed to manage information and cultural narratives, ensuring that those in power retain their influence by shaping public allegiance. The author illustrates this through examples from various countries, demonstrating how each nation tailors its media laws to fit its unique political and cultural contexts.


Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark Aug 1997

Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark

CAO Creation Pre-1999

Prompted by public concern about alleged non-compliance with policies of the Bank Group, and project-specific controversies (such as the Pangue Dam on Chile's BioBio river), the President and top management of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA), the two private sector arms of the World Bank Group, have announced their intention to create a review mechanism patterned after the existing World Bank Inspection Panel (which only applies to the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA)). Mr. Wolfensohn, in particular, has supported the extension of the Panel as …


Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa Jul 1997

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 Mar 1997

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 …


Feb. 20-21, 1997, Correspondence Regarding Nftc Concerns, Frank Kittredge, National Foreign Trade Council, William E. Schuerch Feb 1997

Feb. 20-21, 1997, Correspondence Regarding Nftc Concerns, Frank Kittredge, National Foreign Trade Council, William E. Schuerch

CAO Creation Pre-1999

No abstract provided.


Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law Jan 1997

Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law

CAO Creation Pre-1999

No abstract provided.


Legal, Political, And Scientific Response To Ocean Dumping And Sub-Seabed Disposal Of Nuclear Waste, James Waczewski Jan 1997

Legal, Political, And Scientific Response To Ocean Dumping And Sub-Seabed Disposal Of Nuclear Waste, James Waczewski

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar Jan 1997

Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar

LLM Theses and Essays

The primary focus of this study is to develop a National Coastal Zone Management Program for Venezuela, a moderate, comprehensive, and an effective long-term program which allows the development and protection of the Venezuelan Coastal Zone now and in the future. This program must comply with the actual Venezuelan environmental laws and its administrative mechanisms. Also, it must help to control ecological, economic, commercial, social, and human pressures on the Venezuelan coastal area. The design of this project will be based on an analysis of the extensive experience of the U.S.A. coastal states under the Coastal Zone Management Act (CZMA); …


Don't Ride Buses In Honduras, David R. Barnhizer Jan 1997

Don't Ride Buses In Honduras, David R. Barnhizer

Law Faculty Articles and Essays

The first indication my trip to Honduras might be eventful came when our airplane divebombed the mountain-top runway in a landing that left the passengers looking at each other with relief. We stumbled from the American Airlines flights to the customs windows. That was just the beginning of a fascinating week.


Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu Jan 1997

Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu

LLM Theses and Essays

Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …


Environmental Protection Agreements In Japan And The United States, Susan Ridgley Jul 1996

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 …


The Dolphin/Tuna Controversy And Environmental Issues: Will The World Trade Organization's "Arbitration Court" And The International Court Of Justice's Chamber For Environmental Matters Assist The United States And The World In Furthering Environmental Goals?, Alison Raina Ferrante Jan 1996

The Dolphin/Tuna Controversy And Environmental Issues: Will The World Trade Organization's "Arbitration Court" And The International Court Of Justice's Chamber For Environmental Matters Assist The United States And The World In Furthering Environmental Goals?, Alison Raina Ferrante

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Nafta Accession And Environmental Protection: The Prospects For An "Earth Friendly" Integration Of Latin American Nations Into The North American Trading Bloc, Russel M. Lazega Jan 1996

Nafta Accession And Environmental Protection: The Prospects For An "Earth Friendly" Integration Of Latin American Nations Into The North American Trading Bloc, Russel M. Lazega

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher Jan 1996

Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun Jan 1996

Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun

Michigan Journal of International Law

This Note proposes a strategy to mitigate the environmental degradation resulting from China's power development. Part I introduces China's power industry - its excessive dependence on coal, its antiquated and inefficient infrastructure, its pollutive effects, and its projected expansion. Part II appraises the ways in which China's environmental laws, macroeconomic controls, and foreign investment restrictions influence the growth of power development and its corresponding effect on the environment. Part III assesses the role that governments, development banks, and international organizations can play in curbing the environmental impact of Chinese power projects. Considering the problems associated with current Chinese and international …


Fusing Economic And Environmental Policy: The Need For Framework Laws In The United States And Argentina, John R. Nolon Jan 1996

Fusing Economic And Environmental Policy: The Need For Framework Laws In The United States And Argentina, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In an effort to discover the best legal strategies to respond to these new challenges, seminars were conducted among experts in economic development and environmental protection in both the United States and Argentina. The observations and recommendations of these experts have been summarized and published and will be referenced as appropriate. This article attempts to synthesize what was learned in these two seminars, the research conducted in preparation for them, and the ongoing discussion among the participants. It begins with a summary of the forces in both countries that call for a change in the legal system, shows how these …


Structures Of Environmental Criminal Enforcement, Michael E. Herz Jan 1996

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.