Comparative Asian Environmental Law Anthology

by Bolla, Alexander J.; McDorman, Ted L.

• ISBN13: 9780890896747
• ISBN10: 0890896747
• Format: Paperback
• Copyright: 2000-01-11
• Publisher: Carolina Academic Press

Table of Contents

Preface
Acknowledgments
Editorial Note
Introduction to Comparative Environmental Law	p. 3
Introduction	p. 3
Comparative Law Methodology	p. 3
Prologue: The Evolution and Eclectic Nature of this Book	p. 4
The Methodology of Comparative Law	p. 11
Legal Cultures and Legal Paradigms: Towards a New Model for Comparative Law	p. 16
Comparative Law Involving Asian Legal Systems	p. 25
Asian Law and Comparative Legal Studies: A Proposed Curriculum Design	p. 25
Introduction to Asian Legal Systems	p. 26
Comparative Environmental Law	p. 30
Challenges to the East Asian Environment	p. 30
Environmental Law as "Sacred Text": Western Values and Southeast Asia Prospects	p. 34
The United States of America	p. 43
Introduction	p. 43
Governing Nature	p. 44
Econometrics and the Environment	p. 52
Environmental Law and Democratic Legitimacy	p. 52
The Beginning Of Environmental Law	p. 59
From The Beginning, A Fundamental Shift of Paradigms: A Theory and Short History of Environmental Law	p. 59
The Nonequilibrium Paradigm in Ecology and the Partial Unraveling of Environmental Law	p. 68
Exporting American Values: Tenth Amendment Principles and International Environmental Assistance	p. 75
Reflections from the 25th Year	p. 81
Environmental Law - Old Ways and New Directions	p. 82
United States Environmental Regulation: A Failing Paradigm	p. 91
The Water, The Trees, And The Land: Three Nearly Forgotten Cases that Changed the American Landscape	p. 99
The Relation Between Water Policy, Land Use and the Environment (1998)	p. 115
Innovation, Imitation, and Facilitation	p. 133
Developing an Environmental Model: Piecing Together the Growing Diversity of International Environmental Standards and Agendas Affecting Mining Companies	p. 134
Globalization and the Convergence of Values	p. 140
Institutionalising Ecologically Sustainable Development: The Roles of National, State, and Local Governments in Translating Grand Strategy Into Action	p. 150
The People's Republic China	p. 167
The Environmental Setting	p. 167
The Developing Environmental Law and Policy of the People's Republic of China: An Introduction and Appraisal	p. 167
Introduction to the Legal System	p. 173
Forgotten Legal China	p. 173
Introduction to Asian Legal Systems	p. 174
Differences Between British and Chinese Views of Law Forebode Uncertainties For Hong Kong's People After the 1997 Transfer	p. 187
Structures of Environmental Law	p. 190
The Developing Environmental Law and Policy of the People's Republic of China: An Introduction and Appraisal	p. 190
Critique of Environmental Law, Issues and Problems	p. 209
Controlling the Environmental Consequences of Power Development in the People's Republic of China	p. 209
Economic Development and Environmental Law in China's Special Economic Zones	p. 214
Punishing for Environmental Protection? Enforcement Issues in China	p. 217
Limits of the Law in Addressing China's Environmental Dilemma	p. 228
Japan	p. 243
Introduction and Environmental Attitudes	p. 243
Christians in Japan	p. 244
Exemplar of Comparative Law	p. 246
Japanese Law as Comparative Law	p. 246
Staging, Transplanting, and Development of Foreign Laws	p. 248
The Second Task of Comparative Law to Transplant Foreign Laws	p. 249
The Occidental Rule of Law in Japanese Context	p. 256
The Law of the Subtle Mind: The Traditional Japanese Conception of Law	p. 256
Comparative Law, Law and the Legal Process in Japan	p. 274
Environmental Law and Policy in Japan	p. 284
A Survey of Environmental Law and Policy in Japan	p. 284
The Japan Scene and the Present Product Liability Proposal	p. 306
Superpower Leadership Role	p. 314
The Context for Innovation in Japan: Comparative Competitive Aspects and Some Practical Comments	p. 314
South Korea	p. 325
States, Industrial Policies and Antidumping Enforcement in Japan, South Korea, and Taiwan	p. 326
Aspiration and Reality in Taiwan, Hong Kong, South Korea, and Singapore: An Introduction to the Environmental Regulatory Systems of Asia's Four New Dragons	p. 329
Pacific Rim Environmental Regulation: A Western Perspective of Several Countries' Environmental Liability Laws	p. 336
The Constitutional Court of the Republic of Korea: Transforming the Jurisprudence of the Vortex?	p. 339
Developing Countries, Regional Organizations, and the ISO 14001 Environmental Management Standard	p. 372
Taiwan	p. 381
Introduction: "The Beautiful Island" in Transition	p. 381
Reclaiming the Beautiful Island: Taiwan's Emerging Environmental Regulation	p. 382
International Law, the Environment, and Taiwan Non Sui Juris	p. 387
International Law and The Environment: The Need For An Aggregate Organization	p. 387
Recognizing the Environmental Costs of the Recognition Problem: The Advantages of Taiwan's Direct Participation in International Environmental Law Treaties	p. 396
Comparative Law Perspective	p. 407
The Environmental Laws and Policies of Taiwan: A Comparative Law Perspective	p. 408
Regulatory Reform Efforts	p. 419
Changing Forces of Constitutional and Regulatory Reform in Taiwan	p. 419
The Many Futures of Reform	p. 431
New Developments in Environmental Law And Policy in Taiwan	p. 431
Maintaining The Economic Engine	p. 439
Environmental Issues Affecting Business Transactions in Taiwan	p. 440
Southeast Asia	p. 451
Introduction	p. 451
Introduction to Asian Legal Systems	p. 453
The Development of Environmental Law in Southeast Asia	p. 454
Environmental Law as "Sacred Text": Western Values and Southeast Asian Prospects	p. 454
Singapore: A Model of Urban Environmentalism in Southeast Asia	p. 470
International Law and Developing States: Lessons from Vietnam	p. 478
Deforestation: A Major Issue Within Southeast Asia	p. 483
The Politics of Deforestation in Indonesia	p. 483
Vietnam: Legal Reform and the Fate of the Forests	p. 486
Sustainable Development and the Forestry Law of the Tongass National Forest and Indonesian Forests	p. 492
Deforestation in Cambodia and Malaysia: The Case for an International Legal Solution	p. 498
Exit, Voice, and the Depletion of Open Access Resources: The Political Bases of Property Rights in Thailand	p. 501
The Future of Environmental Law in Southeast Asia	p. 505
Environmental Law as "Sacred Text": Western Values and Southeast Asian Prospects	p. 505
International Trade Law and the Environment	p. 509
Introduction	p. 509
Fisheries Conservation and Management and International Trade Law	p. 509
International Trade Law: The Tuna-Dolphin Panel Decisions and Conflicting Treaty Obligations	p. 511
Iceland, Whaling and the U.S. Pelly Amendment: The International Trade Law Context	p. 511
Green Roots, Bad Pruning: GATT Rules and Their Application to Environmental Trade Measures	p. 516
Environmental Trade Sanctions and the GATT: An Analysis of the Pelly Amendment on Foreign Environmental Practices	p. 522
The 1991 U.S.-Mexico Gatt Panel Report on Tuna and Dolphin: Implications for Trade and Environmental Conflicts	p. 528
Multilateral Environmental Agreements and the GATT: Conflict and Resolution?	p. 529
Trade and Environment: Whales	p. 539
Iceland, Whaling and the U.S. Pelly Amendment: The International Trade Law Context	p. 539
Trade and Environment: Forestry	p. 543
Tropical Forests and Trade Policy: The Legality of Unilateral Attempts to Promote Sustainable Development under the GATT	p. 543
Deforestation in Cambodia and Malaysia: The Case for an International Legal Solution	p. 553
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