International Law Commons^™

Soviet Justice In The Gorbachev Era: The 1988 Draft Fundamental Principles Of Criminal Legislation, Leonard Orland

Connecticut Journal of International Law

While Marxist doctrine teaches that the movement of society from socialism toward communism should reduce and ultimately eliminate crime, the Soviet legal system takes a far more pragmatic view. In the seventy years of Soviet rule, criminal law has been codified and recodifled and now occupies a central place in the architecture of socialist legality.' The most recent and, in many ways, the most important effort at criminal law codification, the Fundamental Principles of Criminal Legislation of the USSR and Union Republics [1988 Draft], appeared in Izvestia on December 17, 1988.

In the United States as well as in the …

The Sizewell B Inquiry: An Approach To Environmental Impact Assessment, Michael Purdue

Connecticut Journal of International Law

The procedure known as a public inquiry is not peculiar to Britain;' other states have similar mechanisms that serve analogous purposes. However, the British version is unique in its blend of procedures and functions. In Britain, traditional legal trial techniques have been adapted to what is essentially a policy-advice function. The standard public inquiry now is a court-like hearing at which the parties have the opportunity to present evidence and to argue on the merits of proposed administrative decisions. The inspector, who is appointed to hold the inquiry, does not make the decision but rather makes findings and conclusions on …

Law And Voluntary Nature Conservation In The Ussr, A. G. Tarnavskii

Connecticut Journal of International Law

The development of an orderly body of legislation which concerns the environmental protection activities of the general public and responds to modern requirements would facilitate the attainment of harmony between man and his environment. The state of legal regulation in this domain always has troubled scholars and practitioners. The implementation in the past of a number of economic projects approved without the participation of the general public has inflicted irreversible harm on the natural wealth of the Soviet Union. However, the matter has become especially urgent given the increased role of all strata of the populace in deciding major issues …

Impact Of The Eec Environmental Programme: The British Example, Nigel Haigh

Connecticut Journal of International Law

Environmental issues are handled continuously by two principal means at an international level; individual nation states can enter into treaties and conventions with one another or they can collaborate in the activities of international organizations. The United Nations' conference on the human environment held in Stockholm in 1972 established the United Nations Environment Programme [UNEP] as the principal international organization working in the environmental field. A number of other international organizations also began adopting environmental programmes at about the same time. These included the United Nations Economic Commission for Europe [UNECE], and the Council of Europe and the World Health …

Information And Environmental Legislation, E. N. Lisitsyn

Connecticut Journal of International Law

Research and collection of data concerning the relationship between nature and society are essential to a scientific formulation of the ecological policies of the modern state. States must document ecological trends and undertake specialized studies within each branch of the natural or social sciences, and develop an integrated knowledge of the ecologically lawful behavior of economic subjects, individuals and all of society. By assembling this information, a state can determine an ecological norm that will create and maintain a socio-ecological and natural equilibrium. An optimal legal norm can be established only when all the advancements in the social, natural and …

International Legal Problems Of Environmental Protection In The European Region, A. S. Timoshenko

Connecticut Journal of International Law

The European continent is unique in its historical, cultural, economic, and natural features. The contributions of the nations populating Europe to the development of human civilization have no historical analogue. Also unique is the contribution of the European region to the origins and development of the global ecological problem and to finding means and ways of resolving it.

Legal Protection Of The Environment In Agriculture, I. A. Ikonitskaia

Connecticut Journal of International Law

Agriculture traditionally has been regarded as being in organic unity with nature, utilizing objects of nature in its production process and, thus, interested in maintaining the purity of nature. In the modern world, however, and especially in the Union of Soviet Socialist Republics [USSR], the situation has changed fundamentally. Industrial production methods involving the use of complex and heavy-machine technology, chemicals and land reclamation now are being utilized in the agricultural sector. As a result, agriculture increasingly, together with industry, is becoming one of the factors capable of exerting an adverse anthropogenic effect on the state of the environment.

Modern …

Environmental Law In The Ussr And The United Kingdom: Introduction, W. E. Butler, M. J. Grant

Connecticut Journal of International Law

The physical characteristics of the environment dictate that environmental regulation become comparative and international in dimension. Common environmental concerns have endured as a fortuitous but most fortunate basis for Soviet-American cooperation in the progress toward detente. The articles gathered here under the title Anglo-American and Soviet Concepts of Environmental Law offer several novelties to an American readership. The Soviet contributions explore the dimensions of their environmental laws and policies not previously elaborated in western writings. The English articles explore a perspective of environmental law and policy that has received all too little attention in the United States. Finally, juxtaposition of …

Selected Readings On Environmental Law And Policy In The Soviet Union, Great Britain, And The European Economic Communities, Richard D. Irving, Dennis C. Benamati

Connecticut Journal of International Law

These materials have been selected to give the American reader additional sources of information on environmental law and policy in the Union of Soviet Socialist Republics [USSR] and Great Britain. Insofar as declarations of the European Communities [EC] affect British law, a list of books and articles on EC environmental policy also is included. The selected readings are intended to complement the speeches and articles presented in the conference issue, and are quite limited in scope. They include only English language titles generally available in the United States and omit materials published prior to 1980. Materials dealing specifically with oil …

Cooperation Of Socialist Countries In Environmental Protection, A. V. Leont'eva

Connecticut Journal of International Law

Environmental problems affect the interests of all mankind and necessitate the development of approaches and orientations that are responsive to the international nature of environmental protection. Three basic elements underlie modern environmental protection; the active resolution of environmental problems at a national level, the development of an extensive system of international cooperation, and the combination of national efforts and global international cooperation. This tri-part approach has been consolidated in the guiding party documents of the Communist and Workers' parties of the socialist countries and in their legislation.

Book Review: South Africa: Human Rights And The Rule Of Law, Isaac D. Russell

Connecticut Journal of International Law

SOUTH AFRICA: HUMAN RIGHTS AND THE RULE OF LAW. Edited by Geoffrey Bindman.* New York and London: Pinter Publishers, 1988. With index, 159 pp. Cloth, £27.50.

South African Settlement Law: Indicator Of Reform?, Alice A. Carey

Connecticut Journal of International Law

Apartheid affects every element of an individual's life in South Africa from the moment of his or her birth.' The past decade has evinced a move, albeit in small steps, away from the apartheid system. In continuing this trend, the South African government enacted a law in March 1989 "that allows blacks and whites to live in specially designated multi-racial neighborhoods." 2 This law, which originally was passed in November 1988,3 allows multi-racial neighborhoods in South Africa for the first time since 1950.

The government claims that this is a critical "social and economic reform measure, ' yet, as expected, …

The Protection Of Animals Under International Law, M. J. Bowman

Connecticut Journal of International Law

The history of multilateral treaties for the protection of animals can be traced back to the turn of the century and beyond.1 Early examples include the 1900 Convention for the Preservation of Wild Animals, Birds and Fish in Africa2 and the 1902 Convention to Protect Birds Useful to Agriculture.' These particular conventions, however, no longer can be considered especially enlightened. First, they were concerned predominantly with direct and immediate human interests rather than motivated by any more elevated or altruistic ideals." Second, they encouraged the destruction of certain creatures that were judged harmful to those interests. These included, in the …

Encouragement Of Nature Conservation Activity In The National Economy By Social Organizations, O. V. Danilenko

Connecticut Journal of International Law

Many social organizations in the Soviet Union are engaged in environmental protection. In some instances, their nature conservation activities fall within their express duties and are quite evident. In others, social organizations encounter nature conservation issues only incidentally to their principal activities.

Republic nature conservation societies and societies of hunters and fisherman are in the first category. The second category includes trade unions, the Komsomol,1 the Society of Rationalizers and Inventors and various scientific-technical societies. When social organizations of the second category are created, environmental protection is not included as one of their aims or tasks, but subsequently becomes one …

Legal Problems Of Hazardous Industrial Wastes In The Ussr, M. M. Brinchuk

Connecticut Journal of International Law

The issue of hazardous industrial wastes holds an important place among the problems of environmental protection in the Soviet Union. In the relationship between society and nature, industrial wastes possess two qualities; they are a raw material of a sufficient quantity to be reused in production and, at the same time, they are a powerful pollutant of the environment. Thus, the problem of industrial wastes is socially significant for both its economic and ecological dimensions. Whether priority is given to the interests of ecology or to those of economy, the resolution of the problem is determined by a number of …

Problems Of Improving Ecological Control At The Enterprise, V. V. Kruglov

Connecticut Journal of International Law

The nature protection functions of the state are manifested in improved biological control which, in turn, is linked to the restructuring of the administration of environmental protection. At the same time, ecological control is an integral part of the legal mechanism of environmental protection in the Soviet Union, ensuring the effective enforcement of the ecological law prescriptions of Soviet legislation.' Instances of irrational use of natural resources and pollution of the environment still exist. The Central Committee of the Communist Party of the Soviet Union [CPSU] has noted that, despite legislation, industrial and agricultural wastes and gas discharges continue to …

Soviet Environmental Law As A Model For Other Countries, W. E. Butler

Connecticut Journal of International Law

Environmental law specialists continue to debate when environmental law originated and whether it properly may be regarded as a branch of law or legal science. Few doubt, however, that environmental legal concerns have played a special role in East-West legal and international relations. This role became evident in the late 1960s and early 1970s when common environmental concerns became a principal arena for dialogue and cooperation between the Great Powers. The major countries of the world were searching for a non-political yet functional subject to facilitate the process of detente. Environmental discussions survived the disappointments of the mid-1970s when the …

British Environmental Law: Major Strands And Characteristics, Richard Macrory

Connecticut Journal of International Law

Law concerning the environment existed in the United Kingdom, which was one of the first countries to experience extensive and rapid industrial and urban development, long before the term "environmental" came into wide usage. A number of features, notably a high degree of discretion, a preference for local administration and a concern for practicality joined at times with a degree of parochialism, have long permeated much of the substantive law on the environment. Many of these characteristics are reflected in the description of the major strands of current law and administrative arrangements.' Although these traits frequently appear to give a …

Environmental Pollution Information - Disclosure And Access, R. C. Austin

Connecticut Journal of International Law

Most of us are blissfully ignorant about the contents of the air we breathe, the food we eat, and the water we drink and with which we wash ourselves. Few of us, if any, know the chemical composition of the cushioning on which we sit, the walls, ceilings and floorings of the rooms in which we live, or of the clothes which we wear. Yet, all of these aspects of our environment vitally (and the word is here used in its literal sense) affect our health and well-being. The impact of the introduction into the environment of any substance, however …

Agriculture And The Protection Of Rural Amenity, Stephen Tromans

Connecticut Journal of International Law

Agriculture and conservation are issues which, taken together, arouse deep feelings and considerable controversy in the United Kingdom. In the last thirty years, changes in the scale and practice of agriculture have resulted in great pressures upon the rural landscape. Such changes have coincided with an increased awareness by the public of the need to conserve and protect the natural features of the countryside and its wildlife. Many commentators have called for more comprehensive and stringent governmental controls over agricultural activity that may result in long term or even irreversible changes to the countryside. However, the approach of the government …

The Control Of Hazardous Wastes - Law Enforcement In Practice, Richard Macrory

Connecticut Journal of International Law

In recent years, policymakers increasingly have recognized that implementation of existing environmental law is a significant area of concern that arguably is as important for effective environmental management as was the design of new legislation in the first place. Determining what actually happens when law is applied in practice is not always an easy matter. The potentially difficult task of assessing legislative results is made all the more complex by the fact that implementation is itself somewhat of a protean concept: it legitimately can encompass almost any official activity needed to ensure that legal measures have practical effect.

In the …

The Concept Of Ecological Law, O. S. Kolbasov

Connecticut Journal of International Law

Intensified anthropogenic effects have accompanied rapid social and economic development. Since in many instances such effects are adverse, human behavior which disturbs the environment must be regulated in accordance with ecological requirements based on an analysis of practice and a knowledge of the objective laws that determine the interaction between society and nature.

Law is one of the most effective instruments for managing human behavior and all countries extensively utilize it in this capacity. The ability of law to adapt ecological requirements and express them in the form of generally binding rules of conduct allows for the resolution of environmental …

Legal Protection Of Ground Waters In The Ussr, G. A. Nekrasova

Connecticut Journal of International Law

The economic strategy of the Communist Party of the Soviet Union [CPSU] is to increase steadily the standard of living of the Soviet People. This aim is reflected in the 1977 Constitution of the Union of Soviet Socialist Republics [USSR],1 the Program of the CPSU and the decisions of the XXVII Congress of the CPSU. This task, however, requires careful utilization of natural resources.

The state of water resources presently occupies the center of attention of the Soviet State. Ground waters are especially significant, since they play a large role in the public water supply and provide considerable potential reserves …

Implementation Of The Ec Directive On Environmental Impact Assessment, Malcolm Grant

Connecticut Journal of International Law

After several years of consultation and negotiation, the European Community adopted its final directive [EC Directive] on environmental assessment in 1985.1 Member States were given until July 3, 1988, to adapt their own legislation or procedures to the requirements of the EC Directive. The introduction of formalized environmental assessment into British law promises to be a significant event. Successive British Governments have resisted attempts to introduce legislation modelled on the United States National Environmental Policy Act of 1969 [NEPA]2 for years. The governments have argued that the sophisticated system for scrutinizing planning applications and the comprehensive system of planning control …

The Control Of Neighborhood Noise: A Case Study In Law And Public Administration, A. D. Oliver

Connecticut Journal of International Law

Noise is a pervasive form of environmental pollution that affects people at work, at home and in their neighborhoods. The measures adopted by the English legal system for the control of neighborhood noise provide a useful case study in the techniques available to the state in implementing policy, and the problems in ensuring the effective fulfillment of policy objectives. This paper serves a dual purpose in giving information about the measures taken to deal with the noise problem in Britain and the obstacles to successful solution of the problem and in illustrating in more general terms the methods of policy …

The Domestic And Extraterritorial Application Of United States Employment Discrimination Law To Multinational Corporations, Dorothy Crow-Willard

Connecticut Journal of International Law

As multi-national corporations expand1 and send employees to branches and subsidiaries throughout the world, the problem of which nation's employment law to apply in the courts of both the home and host country is becoming acute. Traditional notions of territoriality and international comity long have dictated a reluctance on the part of lawmakers to impose employment law beyond their own borders. Nonetheless, the tradition has begun to erode. While Congress exempts foreign corporations doing business in the United States from some employment laws through treaties,2 the courts apply the same laws to United States corporations whether or not they are …

Brazil: Foreign Activity And The Sociedade Anonima - Law No. 6.404 Of December 15, 1976, Paula Romaine Brindeiro

Connecticut Journal of International Law

Foreign companies active in Brazil may choose to incorporate under Law No. 6.404,1 which governs the incorporation and operation of the sociedade anbnima, a widespread corporate form. Law 6.404 generally replaces the prior law governing sociedades anbnimas, Decree Law No. 2.627 of 1940,2 although certain provisions of the older law which define the civil status of foreign companies and regulate their operation in Brazil remain intact. Once incorporated under Law No. 6.404, a company is considered to be Brazilian.

The sociedade anbnima historically was a limited liability company that was granted monopoly commerce privileges. This concept has given way to …

Major Legal Aspects Of Foreign Investment In The People's Republic Of China, Jin Cao

Connecticut Journal of International Law

Since China1 re-entered the global business community in 19782, western corporations have demonstrated a widespread interest in doing business with the world's most populous country.' The prospect of entering the vast market of China is no longer just a dream. The foreign investment climate in China is changing rapidly,4 as is evidenced by the almost two hundred laws and regulations concerning foreign investment which were introduced in the interim between 1979 and 1986.' The Chinese Government is eager to utilize the capital and technology of foreign multinational corporations and to earn foreign currency through the expansion of its international trade.6 …

Connecticut Developments, Brendan T. Flynn

Connecticut Journal of International Law

No abstract provided.

Book Review: Imperial Appeal: The Debate On The Appeal To The Privy Council, 1833-1986, Richard S. Kay

Connecticut Journal of International Law

IMPERIAL APPEAL: THE DEBATE ON THE APPEAL TO THE PRIVY COUNCIL, 1833-1986. By David B. Swinfen. Manchester (Lancashire): Manchester University Press, 1987. 268 pp. £35.00.