Global Issues in Environmental Law
This book is part of the Global Issues Series. Each book in this series contains materials designed to facilitate the introduction of international, transnational and comparative law issues into basic law school courses. The goal of this series is to ensure that all law school graduates have sufficient familiarity with the growing impact of non-domestic sources of law, and the growing potential for transnational legal transactions and disputes, to function in an era of increasing...
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Environmental law addresses the broad question of how to reconcile human activity with the need to protect the life-support system of humans and other species on a planet of limited resources. This question cannot be fully understood or explored without acknowledging that environmental issues do not respect political boundaries. Once introduced to the challenges of effectively addressing environmental problems, students can easily appreciate the value of concerted international efforts to address those challenges, and lessons that can be learned from efforts in other countries. Global Issues in Environmental Law is designed to facilitate the introduction of international and comparative legal issues into the basic Environmental Law course, but could also be used in a seminar on the subject. The book covers: constitutional protection of the environment; the precautionary principle; intergenerational equity; international and comparative approaches to the regulation of air, water and toxic substance pollution; global climate change; wildlife and biodiversity preservation; the Law of the Sea; and management of oceans and coastal areas.
Preface vAcknowledgements ixTable of Cases xixChapter I Introduction: Basic Principles and Rules 1A Constitutional Protection of the Environment 1B Risk Management, Economics and the Precautionary Principle 4Rio Declaration on Environment and Development, Principle 15 5(Badkhal and Surajkund Lakes Matter) vs. Union of India and Others M. C. Mehta 6Notes and Questions 11The Polluter Pays Principle 12Rio Declaration on Environment and Development, Principle 16 12Genetically Modified Organisms and Justice: The International Environmental Justice Implications of Biotechnology Carmen G. Gonzalez 14Notes and Questions 19C Intergenerational Equity 21Edith Brown Weiss, in Fairness to Future Generations: International Law, Common Patrimony, and Intergenerational Equity 22Minors Oposa et al. v. Secretary of the Department of Environment and Natural Resources 23Notes and Questions 33Chapter II Planning Processes 37A Espoo Convention on Environmental Impact Assessment in a Transboundary Context 38Notes 42United Nations Case Study: Bridge over the Danube River between Vidin (Bulgaria) and Calafat (Romania) 48Note 49B The North American Agreement on Environmental Cooperation 50The Myth and Reality of Transboundary Environmental Impact Assessment John H. Knox 51Notes and Questions 53C Comparative Perspectives on Environmental Impact Assessment 541 Brazil 542 Uganda 54Notes and Questions 55D Critiques of Planning as an Environmental Protection Tool 56The Myth and Reality of Transboundary Environmental Impact Assessment John H. Knox 56Notes and Questions 58Chapter III Fresh Water 59Introduction 59A The Human Right to Water 60The City of Johannesburg, et al. Lindiwe Mazibuko et al. v. 60Notes and Questions 85B Water Quality 87Pakootas v. Teck Cominco Metals, Ltd. 87Notes and Questions 95Case Study: The Rhine Salt Case 96Notes and Questions 100C Management of International Watercourses 105The EU Water Framework Directive of 2000 107Notes and Questions 111Chapter IV Air: Climate Change, Ozone Depletion and Transboundary Air Pollution 113Introduction 113A Global Climate Change 115Inuit Petition to the Inter-American Commission on Human Rights 115Notes and Questions 121B Controlling Ozone Depletion 127Notes and Questions 130C Air Quality: Transboundary Air Pollution 131Trail Smelter Arbitration 132Notes and Questions 143UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) 148Notes and Questions 150Chapter V Toxic Substances and Hazardous Wastes 151A European Union REACH Legislation 151European Commission, Environment Directorate General REACH in Brief 152Notes and Questions 156B International Agreements Regarding Hazardous Materials and Toxic Wastes 1561 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998) (Rotterdam Convention) 1572 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) 158Questions 160International Trade in Hazardous Wastes and the Basel Convention Alias Sanders Peter Bowal 160Notes and Questions 161i Special Problem: Shipbreaking 162Upperton Ltd. of Mauritius v. The Minister of Housing, Spatial Planning and the Environment 162Cemsan Ship Dismantling Metal and Steel Industry Trade Limited Company v. Ministry of Environment, Ankara, et al. 168Notes and Questions 169ii Special Problem: Electronic Waste 170Notes and Questions 1713 The Convention on the Ban of Imports into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa (Bamako Convention) 172Questions 172Chapter VI Wildlife 173A International Agreements Regarding Protection of Biodiversity 1731 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 173Policing International Trade in Endangered Species: The Cities Treaty and Compliance Rosalind Reeve 173Notes and Questions 1772 The Convention on Biological Diversity (1992) 178Notes and Questions 182B Protection of Biodiversity in Brazil 1861 System of National Conservation Units (SNUC) 186The Insistent (and Unrelenting) Challenges of Protecting Biodiversity in Brazil: Finding “The Law That Sticks” Colin Crawford Guilherme Pignataro 1862 Private Natural Heritage Reserve Program (PNHRP) 192Notes and Questions 192Chapter VII Ocean and Coastal Law 194A United Nations Convention on the Law of the Sea (UNCLOS) 195Malta's Ambassador to the United Nations, General Assembly, 22nd Sessions, First Committee (Nov. 1, 1967) United Nations Convention on the Law of the Sea Arvid Pardo 1961 Exclusive Economic Zone (EEZ) 196Notes and Questions 2022 United Nations Fish Stocks Agreement (UNFSA) 204Notes and Questions 2053 Exploitation of Deep Seabed Resources 205Note: Arctic Resources 206B Marine Zoning: The Case of Australia's Great Barrier Reef Marine Park 206Ashton v. Commonwealth of Australia 208Notes and Questions 215Appendix 1 Rio Declaration on Environmental Development 217Appendix 2 World Charter for Nature 223Index 229
