environmental law Articles
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Environmental law and policy in Australia
The legal structure of resource use in Australia is not conducive to rational policy-making. The authority to manage resides with the states, which have enabled extensive parochial development of natural resources at the expense of resource rents and environmental quality. This has been achieved with administrative-type legislation, at the expense of common law adjudication. This decentralised ...
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International Environmental Law Committee Newsletter
The Emerging Role of Private Social and Environmental International Standards in Economic Globalization Over the past two decades, a rapidly increasing number of people have sought to align their social and environmental values with their spending habits. This evolution in commerce encompasses the certified organic food people eat, the shoes and clothes they wear, and the financial ...
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Complying with and enforcing of environmental law: a critical appraisal of the mechanisms used at the international and the European level
Despite the vast number of environmental agreements and laws coming into force their impact are not the anticipated ones, as clearly seen from the degradation of the natural environment. This is largely due to ineffective enforcement of and compliance with the environmental obligations encompassed by all these laws and treaties. Thus, enforcement and compliance mechanisms are of paramount ...
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New Environmental Law Centre for the Developing World
The Parvez Hassan Environmental Law Centre (PHELC) was inaugurated on 15 February 2003 in La- hore (Pakistan). The 350 participants included the Gover- nor of the Punjab, also in his capacity as Chancellor of the University, the Chief Justice, several Vice-Chancellors and Deans of Law Schools, the Deputy Executive Director of the United Nations Environment Programme (UNEP), ...
By IOS Press
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Elisabeth Haub Prize - 2001 Award
The 2001 Elizabeth Haub Prize for exceptional achievements in the field of environmental law was awarded on 23 October 2002 in Brussels to Ludwig Krämer. The speeches made on that occasion, on behalf of the University of Brussels (ULB) and the International Council for Environmental Law (ICEL), are printed ...
By IOS Press
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Sovereignty of states, peaceful nuclear energy and principles of international environmental law
The sovereign right of states to peaceful nuclear energy is analysed on the basis of principles of international environmental law. The exercise of this right depends on the implementation of certain obligations under international law. The notion of sovereignty as independence and superiority does not serve the challenges of peaceful nuclear energy and the modern understanding of the environment ...
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An evaluation of the environmental impact assessment system in Turkey
In Turkey, as a developing country, environmental impact assessment (EIA) is a critical key for environmental protection. EIA is not regulated in Turkey by means of law, but through a decree put into force on the basis of the relevant provision of the Environmental Law. The EIA Regulation that is currently in effect was rearranged to eliminate operational problems and ensure harmony with European ...
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Book Review: Yearbook of International Environmental Law. Volume 13, 2002
Yearbook of International Environmental Law. Volume 13. 2002, edited by G. Ulfstein and J. Werksman. Oxford University Press, 2004. 951pp. ISBN 0-19-926415-4Keywords: book ...
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Judges Active in Promoting Environmental Law Capacity Building
The pre-summit WSSD Global Judges Symposium on the Role of Law and Sustainable Development in Johannesburg between 18–20 August 2002 was a signal event. Never before have so many senior judges from so many nations come together to discuss environmental law. In fact, 126 judges, including 32 Chief Justices or their equivalent, from 60 countries participated. Besides national judges, the group also ...
By IOS Press
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Book Review. European Union Environmental Law. An Introduction to Key Selected Issues
Davies, Peter G.G. European Union Environmental Law. An Introduction to Key Selected Issues. Ashgate, 2004. 311pp. ISBN 1-85521-582-9.Keywords: book ...
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Dr. David Hargis presented a paper at the National Ground Water Association`s Conference in Baltimore, Maryland on July 21, 2005.
Dr. Dave Hargis presents before the National Ground Water Association's Ground Water and Environmental Law Conference in Baltimore, Maryland. His paper was entitled, 'Wholesale Returns of Conjecture: Defensible Scientific Opinions in ...
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Distributive justice and sustainability as a viable foundation for the future climate regime
Addressing climate change clearly is not an easy task, as it raises difficult questions on how to distribute the burden of greenhouse gas (GHG) mitigation efforts between different countries, and how to deal with scientific uncertainties faced in the process. Additionally, states are generally reluctant to enter into an international agreement that is not perceived as equitable and fair. An ...
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Looking through the prism of international environment and human rights law - International Civil Nuclear Liability Law and a call for Indian exceptionalism
As the spectre of climate change and competition over fossil fuels have led energy–hungry states towards nuclear power, liability rules for nuclear damage have acquired increased significance. However, many of the core common elements of the existing international legal regimes on civil nuclear liability - channelling of liability, quantum and temporal limits, definition of harm, etc. - are not ...
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The Hungary-Slovakia Danube River dispute: implications for sustainable development and equitable utilization of natural resources in international law
The Gabcikovo-Nagymaros Project dispute is one of several controversies that have surrounded the use of Europe's second longest river - the Danube. It is a dispute that rocked Hungary and Czechoslovakia for many years before reaching the International Court of Justice. At the very heart of the matter are international environmental law issues, in particular, sustainable development and equitable ...
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Nuclear regulatory processes in India: a review of public engagement
Public involvement is imperative in the nuclear regulatory process in India, owing to the nature of concerns arising out of processes for harnessing nuclear energy, as also the recent wave of democratic activism submerging India, evidenced by the protests against nuclear power plants in Kudankulam and Jaitapur and anti–corruption movements. India's nuclear regulatory authority does not provide ...
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Nuclear terrorism and environmental protection under international law
To counter nuclear and radiological terrorism and prevent the adverse economic, social and environmental consequences of such illicit acts perpetrated by non–state actors, the international community has established a comprehensive legal framework comprising soft law and legally binding instruments. This paper collates the international legal instruments relating to nuclear security and discusses ...
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The overexploitation and illegal trade of Prunus africana in the protected areas in the light of international environmental law (a case study of the Democratic Republic of Congo)
The increasing demand in natural resources for various reasons has driven humanity to unsustainable consumption of natural capital. Meanwhile, the emerging concept of ‘sustainability’, which emphasises on the intersection and balance between economy, society and environment, is becoming a gospel. The Brundtland report defines sustainable development as “development, which meets the needs of the ...
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Climate change law and litigation in the aftermath of Massachusetts v. EPA
The case of Massachusetts v. EPA, decided in April 2007 by the U.S. Supreme Court, may be the most important case in the history of environmental law. The author says the Environmental Protection Agency's air program personnel are now straining to grapple with new, enormously consequential legal and policy questions in the aftermath of this ...
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The overexploitation and illegal trade of Prunus africana in the protected areas in the light of international environmental law (a case study of the Democratic Republic of Congo)
The increasing demand in natural resources for various reasons has driven humanity to unsustainable consumption of natural capital. Meanwhile, the emerging concept of 'sustainability', which emphasises on the intersection and balance between economy, society and environment, is becoming a gospel. The Brundtland report defines sustainable development as "development, which meets the needs of the ...
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Constitutional protection of the environment in a federal country: Canadian experience
National environmental protection through law is a relatively recent initiative. The written national constitutions of federal countries, such as Canada, did not originally provide for which level of government would enjoy the primary constitutional authority to regulate for environmental protection. Today, a legal jurisdiction must be interpreted and declared from an old imperial document that ...
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