state environmental law Articles

  • 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 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

  • 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 ...

  • 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

  • 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

  • Analytic methods for environmental regulations in the United States: promises, pitfalls and politics

    Decision-making about environmental protection and public health is challenging because of the need to balance the probabilities, magnitudes, and characteristics of potential adverse consequences. A variety of principles are often invoked in an attempt to simplify the decision, but by neglecting important elements of the problem, many of these principles prove to be inadequate. Maximisation of ...


    By Inderscience Publishers

  • 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

  • Washington report: what organizations are in your state?

    ALABAMA Department of Environmental Management (ADEM) The ADEM administers all major federal environmental laws, including the Clean Air, Clean Water and Safe Drinking Water acts and federal solid and hazardous waste laws. The ADEM’s mission is to responsibly adopt and fairly enforce rules and regulations consistent with the statutory authority granted to the Alabama ...


    By Waste Advantage 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

  • State and Local Governments Step Into Toxics Regulation

    According to the Center for International Environmental Law (CIEL), federal inaction on chemicals management and regulation has spurred state and even local government entities to step into toxics regulation. CIEL issued a position paper last May, Cloudy Skies, Chance of Sun: A Forecast for U.S. Reform of Chemicals Policy, predicting exactly this result. CIEL points to the fact that at least six ...


    By Bergeson & Campbell, P.C.

  • The marine environment and ballast water management law

    This article contains a study of international and national measures dealing with the potential threat of pollution and the introduction of alien species that may come from the discharge of improperly treated ballast water. Ballast water management policy, law and coastal biosecurity strategies are considered. There are challenges to achieving the ideals of ballast water laws, as correctly ...


    By IWA Publishing

  • 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 ...


    By Inderscience Publishers

  • Maritime environmental management systems

    Awareness of the potential for water pollution and its prevention is essential in controlling it. For shipping companies, implementing an environmental management system (EMS) could be the most important preventative measure taken, and the cost of not acting could be detrimental. Failure to comply with the provisions of international environmental protection laws (i.e. MARPOL) and national laws ...


    By ABS Consulting

  • Environmental enforcement trends in brazil

    Environmental enforcement trends in brazil Brazil does not have a strong reputation for the enforcement of its laws. Lesley K. McAllister stated that “The paradox of environmental enforcement in Brazil is that environmental laws are strong but environmental agencies are weak.” (McAllister paraphrasing Aragão and Bunker, 1998, in Making Law Matter: Environmental Protection & ...

  • The customary international law of transboundary fresh waters

    Drawing upon the experience of a century, nations have constructed a customary international law for transboundary fresh water resources built around the principle of equitable utilisation. The earliest complete formulation of this body of law was as the Helsinki Rules on the Uses of International Rivers of the International Law Association of 1966. Like all customary law, this body of ...


    By Inderscience Publishers

  • 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 ...


    By Inderscience Publishers

  • Mounting stresses, failing states

    After a half-century of forming new states from former colonies and from the breakup of the Soviet Union, the international community is today focusing on the disintegration of states. The term “failing state” has entered our working vocabulary only during the last decade or so, but these countries are now an integral part of the international political landscape. In the past, governments have ...


    By Earth Policy Institute

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