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Preface v
Acknowledgements ix
Table of Cases xix
Chapter I Introduction: Basic Principles and Rules 1
A Constitutional Protection of the Environment 1
B Risk Management, Economics and the Precautionary Principle 4
Rio Declaration on Environment and Development, Principle 15 5
(Badkhal and Surajkund Lakes Matter) vs. Union of India and Others M. C. Mehta 6
Notes and Questions 11
The Polluter Pays Principle 12
Rio Declaration on Environment and Development, Principle 16 12
Genetically Modified Organisms and Justice: The International Environmental Justice Implications of Biotechnology Carmen G. Gonzalez 14
Notes and Questions 19
C Intergenerational Equity 21
Edith Brown Weiss, in Fairness to Future Generations: International Law, Common Patrimony, and Intergenerational Equity 22
Minors Oposa et al. v. Secretary of the Department of Environment and Natural Resources 23
Notes and Questions 33
Chapter II Planning Processes 37
A Espoo Convention on Environmental Impact Assessment in a Transboundary Context 38
Notes 42
United Nations Case Study: Bridge over the Danube River between Vidin (Bulgaria) and Calafat (Romania) 48
Note 49
B The North American Agreement on Environmental Cooperation 50
The Myth and Reality of Transboundary Environmental Impact Assessment John H. Knox 51
Notes and Questions 53
C Comparative Perspectives on Environmental Impact Assessment 54
1 Brazil 54
2 Uganda 54
Notes and Questions 55
D Critiques of Planning as an Environmental Protection Tool 56
The Myth and Reality of Transboundary Environmental Impact Assessment John H. Knox 56
Notes and Questions 58
Chapter III Fresh Water 59
Introduction 59
A The Human Right to Water 60
The City of Johannesburg, et al. Lindiwe Mazibuko et al. v. 60
Notes and Questions 85
B Water Quality 87
Pakootas v. Teck Cominco Metals, Ltd. 87
Notes and Questions 95
Case Study: The Rhine Salt Case 96
Notes and Questions 100
C Management of International Watercourses 105
The EU Water Framework Directive of 2000 107
Notes and Questions 111
Chapter IV Air: Climate Change, Ozone Depletion and Transboundary Air Pollution 113
Introduction 113
A Global Climate Change 115
Inuit Petition to the Inter-American Commission on Human Rights 115
Notes and Questions 121
B Controlling Ozone Depletion 127
Notes and Questions 130
C Air Quality: Transboundary Air Pollution 131
Trail Smelter Arbitration 132
Notes and Questions 143
UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) 148
Notes and Questions 150
Chapter V Toxic Substances and Hazardous Wastes 151
A European Union REACH Legislation 151
European Commission, Environment Directorate General REACH in Brief 152
Notes and Questions 156
B International Agreements Regarding Hazardous Materials and Toxic Wastes 156
1 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998) (Rotterdam Convention) 157
2 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) 158
Questions 160
International Trade in Hazardous Wastes and the Basel Convention Alias Sanders Peter Bowal 160
Notes and Questions 161
i Special Problem: Shipbreaking 162
Upperton Ltd. of Mauritius v. The Minister of Housing, Spatial Planning and the Environment 162
Cemsan Ship Dismantling Metal and Steel Industry Trade Limited Company v. Ministry of Environment, Ankara, et al. 168
Notes and Questions 169
ii Special Problem: Electronic Waste 170
Notes and Questions 171
3 The Convention on the Ban of Imports into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa (Bamako Convention) 172
Questions 172
Chapter VI Wildlife 173
A International Agreements Regarding Protection of Biodiversity 173
1 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 173
Policing International Trade in Endangered Species: The Cities Treaty and Compliance Rosalind Reeve 173
Notes and Questions 177
2 The Convention on Biological Diversity (1992) 178
Notes and Questions 182
B Protection of Biodiversity in Brazil 186
1 System of National Conservation Units (SNUC) 186
The Insistent (and Unrelenting) Challenges of Protecting Biodiversity in Brazil: Finding “The Law That Sticks” Colin Crawford Guilherme Pignataro 186
2 Private Natural Heritage Reserve Program (PNHRP) 192
Notes and Questions 192
Chapter VII Ocean and Coastal Law 194
A United Nations Convention on the Law of the Sea (UNCLOS) 195
Malta'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 196
1 Exclusive Economic Zone (EEZ) 196
Notes and Questions 202
2 United Nations Fish Stocks Agreement (UNFSA) 204
Notes and Questions 205
3 Exploitation of Deep Seabed Resources 205
Note: Arctic Resources 206
B Marine Zoning: The Case of Australia's Great Barrier Reef Marine Park 206
Ashton v. Commonwealth of Australia 208
Notes and Questions 215
Appendix 1 Rio Declaration on Environmental Development 217
Appendix 2 World Charter for Nature 223
Index 229
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Add 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 ensu, Global Issues in Environmental Law to the inventory that you are selling on WonderClubX
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Add 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 ensu, Global Issues in Environmental Law to your collection on WonderClub |