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