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International and Comparative Environmental Law

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									International and Comparative Environmental Law

Introduction

The environment as a source of natural resources
The environment as the depository of waste
The use of the environment contrasted with the protection of the environment
The historical development of environmental law
From resource exploitation through environmental conservation and protection to
sustainable development
Anthropocentric approaches to environmental law
Ecocentric approaches to environmental law
The balance of sustainable development

The International Law Context of Environmental Law

The concept of sovereignty
Sovereignty over natural resources and the environment
The mutuality of sovereignty
Limitations upon the exercise of sovereignty
Restrictions on marine activities
Restrictions upon territorial activities with extraterritorial effect
Restrictions upon territorial activities with intraterritorial effect
The relationship between trading activities and environmental protection

The Conceptual Framework of Environmental Law

International environmental regulation and its impact within states
The right to a healthy environment as a human right
Constitutional protection of environmental rights
The emergence of environmental charters
The emergence of sustainable development as the grundnorm of environmental charters
Public rights, duties and liabilities in environmental management
Private rights, duties and liabilities in environmental management
Public ownership rights
Private ownership rights
Ownership rights as the medium for environmental regulation and control
The nature of environmental regulation – direct, indirect, through markets

International Environmental Law in Operation

Behring Sea Fur Seal Arbitration 1893
Trail Smelter Arbitration 1941
London Convention for the Prevention of Pollution from Ships 1973
United Nations Convention on the Law of the Sea 1982
Vienna Convention for the Protection of the Ozone Layer 1985
Paris Convention for the Protection of the World Cultural and Natural Heritage 1972
Stockholm Declaration 1972

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Rio Declaration 1992
United Nations Convention on Biological Diversity 1992
United Nations Framework Convention on Climate Change 1992
Paris Convention to Combat Desertification 1994
Kyoto Protocol 1997
River Danube decision of the International Court of Justice 1997

Constitutional Environmental Law in Operation

Constitutional arrangements between states – Treaty on the European Union 1992 and draft
Constitution of the European Union
Constitutional arrangements within states –
    Constitution of the Peoples Republic of China
    Constitution of the Philippines
    The decision of the Supreme Court of the Philippines in the Minors Opposa Case
    The Constitution of Greece
    The Constitution of the Union of India
    The Decision of the Supreme Court of India in the Indian Council for Enviro-Legal
       Action case
    The Decision of the Supreme Court of India in the Tirupathi Case
    The Constitution of Japan
    The Decision of the Sapporo District Court in the Nibutani Dam Case
    The Constitution of the Republic of South Africa

Statutory Charters for Environment Management

Act on Basic Provisions of the Management of the Living Environment of the Republic of
Indonesia
Environment (Protection) Act of the Union of India
Resource Management Act of New Zealand
Decision of the Environment Court of New Zealand in the Wind Farm Case
Environment Protection and Biodiversity Conservation Act of the Commonwealth of Australia

Instruments for Environmental Management

Consideration of environmental impacts –
    National Environmental Policy Act of the United States of America
    Decision of the Land and Environment Court of New South Wales in Australia in the
       Carstens and Weal Cases
The precautionary principle
    The precautionary approach adopted by the Land and Environment Court of New
       South Wales of Australia in the Leatch Case
    The application of the principle according to the decision of the Land and
       Environment Court of New South Wales in Australia in the Telstra Case




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Environmental rights as human rights –
    The decisions of the European Court of Human Rights in the Lopez Ostra and
       Guerra Cases
    The recommendations of the Human Rights Committee of the United Nations in the
       case of Lansman Case


Environmental duties –

      Environment (Protection) Act of the Union of India
      Environment Protection Act of Malaysia
      Environment Protection Act of Singapore
      Environmental Protection Law of the Peoples Republic of China
      Law of the Peoples Republic of China on the Prevention and Control of Water
       Pollution
      Environmental Protection Act of Queensland in Australia
      Environment Protection and Biodiversity Conservation Act of the Commonwealth of
       Australia
      The decision of the Federal Court of Australia in the Flying Foxes Case
      The decision of the Federal Court of Australia in the Anvill Hill Case

Conclusion

The functions of the environmental legal system
    Setting goals and objectives
    Formulating strategies and plans
    Setting enforceable standards
    Ensuring compliance by the public sector and by the private sector with these
       arrangements
    Environmental management as a process directed towards the sustainable
       development of the environment and its resources through an inter-linked set of the
       public and private rights and duties.




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