state environmental law Articles

  • The changing climate for United States law

    Just a few years ago, the subject of American climate change law would not merit an article like this one, let alone the book that the American Bar Association has recently published on the subject.1 But the United States has changed, at least somewhat. At the moment, most important United States climate change law consists of state and local law, but there are signs that the federal government ...

  • 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 ...


    By Inderscience Publishers

  • Environmental Policy and Law

    The Assembly of States Parties to the Rome Statute of the International Criminal Court (ICC) completed its work by electing the Court’s first 18 judges, who will be sworn in during a ceremony on 11 March 2003 at The Hague, Netherlands. The role of the judges, and that of the Prosecutor, who is expected to be elected at the Assembly’s next session in April, are key to shaping the Court and making ...


    By IOS Press

  • The Transformation of International Environmental Law

    Keywords: International environmental law, environmental law, global challenges, harmoni-sation and common interests 2012 is the fortieth anniversary of the Stockholm Conference on the Human Environ-ment, a seminal event which marked the first time that the international community had addressed the environment as an international issue in a serious way. Back in 1972, the Conference called ...


  • 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 ...


    By Inderscience Publishers

  • New environmental liability law in Spain

    Last 24 October 2007 the Official State Bulletin (BOE) Law 26/2007of 23 October on Environmental Liability was published. This text aims to transpose European Directive 2004/35/CE, of 21 April on Environmental Liability which seeks to achieve the prevention and remedying of environmental damage. It establishes a framework based on the 'polluter pays and repair' principle, according to which ...

  • Dynamic cooperation in international law and the shadow of state sovereignty in the context of transboundary waters

    Some of the world’s leading thinkers are exploring ‘cooperation’ as the foundation for global peace and security and even to explain life on earth, building upon and extending significantly the parameters of past discourse on this topic. In The Better Angels of Our Nature, Pinker examines various models of cooperation and concludes inhis extensive study that: ‘Humans are ...


    By IWA Publishing

  • 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 ...


    By Inderscience Publishers

  • 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

  • Index of Authors: Environmental Law Review 13 (2011)

    Antonopoulos, Irene, Responding to Claims of Property Interests on Maritime Public Property Interfering with Environmental Protection 318 Boute, Dr Anatole, review of The EU as International Environmental Negotiator by Tom Delrcux 350 Burrell, Alison, 'Good Agricultural Practices' in the Agri-food Supply Chain 251 Cardwell, Michael, European Union Agricultural Policy ...


  • Legislation: The State Of UK Environmental Legislation: Opportunities for Reform?

    Keywords: environmental legislation, reducing legislative complexity, legislative reform In 2010-2012, the UK Environmental Law Association (UKELA) embarked on an ambitious project to assess the state of environmental legislation in the United Kingdom in light of its increasing complexity1 It is not just UKELA that is concerned that the complexity of environmental legislation is getting ...


  • Book Review: The Yearbook of European Environmental Law, Volume 3

    Reviewed by Paul Street This volume of the Yearbook of European Environmental Law is separated into sections consisting of articles (pp. 1–354); a survey of current substantive EC environmental law organised by subject (pp. 355–552); a consideration of recent developments in environmental ...


  • Contents: Environmental Law Review - Volume 13 Issue 4 2011

    Contents 245 Opinion Implementing Climate Change Policy for Agriculture - What Role for the Law? Christopher Rodgers, Jeremy Franks and Philip Lowe Articles 251 'Good Agricultural Practices' in the Agri-food Supply Chain Alison Burrell 271 European Union Agricultural Policy and Practice The New ...


  • Sustainable Development Law on Environmental Migration: The Story of an Obelisk, a Bag of Marbles, and a Tapestry

    Keywords: environmental migration, climate refugees, sustainable development law, international law Abstract: No specific, consistent law deals with migration in the context of environmental phenomena (specifically of climate change) as a distinct issue. From this simple assessment, an oft-heard discourse identifies a 'legal gap' that should accordingly be filled ...


  • Legislation Note: Implementation of the Århus Convention through Community environmental law

    This brief commentary aims to provide an overview of European Community (EC) legislative measures designed to give effect to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Århus Convention).1 The Convention, which dates from 1998, is a ground-breaking instrument designed to advance information and participation ...


  • Case Note: Access to Justice under Irish Environmental Impact Assessment Law

    INTRODUCTION Ireland was recently found not to have fully implemented Directive 85/337 on the assessment of the effects of certain public and private projects on the environment (the EIA Directive) and Directive 2003/35 (the Arhus Convention Directive). As the name implies, this second directive arises from the Arhus Convention itself, which was negotiated under the auspices of ...


  • Contents: Environmental Law Review - Volume 15 Issue 3 2013

    Contents 187 Opinion Greening European Agriculture Policy – A Step Forward? - Christopher Rodgers Articles 191 The Problem of Regulation in EU Fisheries - Jill Wakefield 205 Water Rights and Environmental Damage: An Enquiry into Stewardship in the Context of ...


  • Solutions-IES Completes First Risk-Based Remediation Under New State Law

    A former electronics manufacturing facility in North Carolina (NC) had conducted groundwater remediation since 1991 to remediate low-level chlorinated solvents.  Under RCRA, the originally approved Remedial Action Plan (RAP) recommended pump and treat (P & T with air stripping and carbon) to capture and remove the contaminants.  Upon coming on board the project, Solutions-IES ...


    By Solutions-IES

  • Golden opportunities in the golden state

    California can be a tough place to do business, but a number of new policies are in place to make it easier to develop bioenergy projects. In 2012, the state adopted a new Bioenergy Action Plan and passed several laws to promote electricity and biogas production from organic waste. With pending legislation on organics diversion and new incentives for bioenergy, California is poised for explosive ...


    By BioCycle Magazine

  • Rescuing failing states

    One of the leading challenges facing the international community is how to rescue failing states, those countries most at risk of collapse due to a combination of weak governance, internal violence, and social upheaval. Continuing with business as usual in international assistance programs is not working, as evidenced by the continuing deterioration of places like Haiti, Somalia, and Yemen. The ...


    By Earth Policy Institute

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