International and Comparative Environmental Law Introduction

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9 Νοε 2013 (πριν από 3 χρόνια και 7 μήνες)

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1

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

T
he balan
ce of sustainable development


The I
nternational
Law Context of Environmental L
aw


The concept of sovereignty

Sover
eignty over natural resources and

the environment

The mutuality of sovereignty

Limitations upon the exercise of sovereignty

Restriction
s 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 C
onceptual
F
ramework of
E
nvironmen
tal L
aw


International environmental re
gulation 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

F
ur Seal

Arbitration 1893

Trail Smelt
er Arbitration 1941

London Convention for the Prevention of Pollution from Ships 1973

United Nations Convention on the
L
aw of the Sea 1982

Vienna Convention for the Protection of the Ozone Layer 1985

Paris Conven
tion for the Protection of the W
orld Cul
tural and Natural Heritage 1972

Stockholm Declaration 1972


2

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 I
nternational
C
o
urt

of
J
ustice 1997


Constitutional
Environmental Law in Operation


Constitutional arrangement
s between states


T
reaty on the

European Union 1992 and draft
C
onstitution of the European Union

Constitutional arrangements within states





C
onstitution of the Peoples R
epublic 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
Ni
butani Dam

Case



The Constitution of the Republic of South Africa


Statutory Charters for Environment Management


Act on
B
asic
Provisions of the Management of the Living E
nvironment 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


I
nstruments for Environmental Management


Consideration of e
nvironmental impacts





National Environmental Policy Act of the United
S
tates of America



Decision of the Land and Environment
Court

of
New South Wales in Australia in the
Carstens and

W
eal
Case
s

The precautionary principle




The precautionary approach adopted by the
L
and
and E
nvironment
Court of

New
South Wales of Australia in the
Leatch
Case




The application of the princip
le

according to the decision of the Land and
Environment
Court of

New South Wales in Australia in the
Telstra

Case


3


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 R
ights
C
ommittee 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 t
he People
s

Republic of China on the Prevention and Control of Water
Pollution



Environment
al Protection Act of Queensland in

Australia



Environment Protection and Biodiversity Conservation Act of the Commonwealth of
Australia



The decision of the Federal C
ourt 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 p
ublic

sector and
by

the private sector with these
arrangements



Environmental management as a process directed towards the sustainable
development of the environment and its resou
rces through an in
ter
-
linked se
t of the
public and private rights and duties.