Thesis (Ph. D.)--University of Wisconsin--Madison, 1984. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 289-299).

Thesis (S.J.D.) -- New York University, School of Law, 1997. / Includes bibliographical references (p. [286]-301) Also available in microfiche.

<p>Detta är en enkätstudie av skolors miljöarbete, det vill säga hur skolorna arbetar med och påverkar den yttre miljön. Syftet med arbetet är att undersöka ett antal skolors yttre miljöarbete, men även de miljömål skolan har för att värna om vår miljö. Resultatet av denna studie är att skolors miljöarbete är alltför knappt, vilket också tidigare forskning visat. På grundval av att resultatet i enkätstudien visade på ett nästintill obefintligt miljöarbete på skolorna samt att de inkomna svaren blev färre än beräknat, så har ett förslag arbetats fram tillsammans med en miljöutvecklare för hur skolor kan arbeta med miljön. Detta för att miljöarbetet skall bli en naturlig del såväl i undervisningen som i skolans övergripande arbete. Arbetet har präglats av miljömedvetenhet och därför har enkätutskicket samt svar på enkäten skett via e-post.</p>

Environmental control has become a major problem in North America's highly industrialized society. Governments are continually striving to find methods to effectively halt and control environmental degradation. One of the major manifestations of the desperate concern for improved environmental quality has been the emergence of a strong "public interest" environmental control movement in the United States. Canada, on the other hand, has given very little scope to public participation in the environmental decision-making process. The object of this paper is to determine the extent to which a strong environmental control movement can contribute to higher environmental quality, and to suggest methods to introduce public participation to the Canadian environmental control system. The advantages and disadvantages of allowing public participation are examined, with the conclusion that a strong environmental control movement with substantial participatory rights is essential to effective and comprehensive environmental control. The conclusion is also reached that the public can most appropriately be represented in the decision process by environmental control organizations. Evaluation is made of the present Canadian laws governing legal standing of "public interest" groups to participate. The lack of such standing is demonstrated both by the rigid standing rules of common law, and the failure of Canadian environmental legislation to relax these rules and adapt them to the specific problems encountered in environmental control law. The American system is considered in detail as an example of relaxed standing with respect to environmental control organizations, and the resultant benefit to environmental control efforts in the jurisdiction. The Americans have enacted the National Environmental Policy Act which requires that every federal agency develop methods of assessing the environmental consequence of propose actions and suggest alternatives to those actions. Failure to comply with these requirements constitutes a reviewable breach. Other American statutes have in effect removed all standing requirements and allow virtually anyone to sue to force compliance with environmental standards and regulations. It is concluded from the American experience that public participation is generally a desirable phenomenon in environmental control. It is further concluded that Canada can no longer justify its exclusion of public representation and requires legislation designed to implement the concept of "public interest" standing. To that end, recommendations are made to adopt an enactment similar to the National Environmental Policy Act in Canada and to introduce a system of registration whereby environmental control organizations, once registered, would be assured of participatory rights at all levels of the Canadian environmental decision-making process. / Law, Peter A. Allard School of / Graduate

Environmental impact statements (EIS) have been required in the U.S. since the National Environmental Policy Act was signed into law on January 1, 1970. Although no legal requirement exists in Canada, in December of 1973 the federal government announced a policy of preparing an EIS for all "major" projects having "significant" effect on the environment . The evolution of the EIS requirement in the U.S. indicates the major purpose of impact statements is to produce information concerning the full important consequences of a proposal to relevant government agencies, the interested public and to decision-makers so that each person can reach a rational decision about the social worth of the intended project. The ultimate objective of impact reports and a concomitant public and government agency review process is to facilitate more socially rational decisions about proposed projects. The methodology in this study involved developing a set of criteria based upon the literature to determine whether an EIS has adequately provided the kind of information in a manner necessary to fulfill its intended purpose. Five impact statements were critically reviewed and discussed in light of several methods proposed for assessing environmental impact. The more important shortcomings identified in the environmental reports were thereby isolated and analyzed. The following general shortcomings were identified in five impact statements critically reviewed: 1) There was some difficulty in comprehensively identifying all important socio-cultural and ecological impacts. 2) Not enough information was always provided so that the reader could value the importance of an identified impact. 3) In some cases an adequate discussion of the curtailment of future beneficial uses of the environment was not completed. 4) An analysis of alternatives was not completed adequately in all impact reports. 5) All impact reports had characteristics which would hinder the communication of information to readers. These shortcomings were generally discussed in reference to different environmental assessment methods. Three basic conclusions resulted: 1) A comprehensive checklist of impacts should be part of any impact evaluation method used by an agency in order to ensure that all important consequences of proposals are identified. Networks are the most comprehensive type of checklist because they link causal actions to primary, secondary and multiple-order impacts. 2) Evaluation methods which mold economic, socio-cultural and ecological impacts into common units for comparison should not be utilized as a basis for preparing an EIS. These methods judge the importance of each impact for the reader, which is contrary to the main purpose of impact reports. 3) Most evaluation methods identified in this study do not provide guidance in preparing the environmental impact report itself. These evaluation methods would not resolve at least three shortcomings of the impact statements critically reviewed. Therefore, the recommendations of this study consist of EIS preparation guidelines that enable persons preparing the environmental impact report to avoid the shortcomings which were identified in the thesis. These guidelines relate to the following six points: 1) The purpose and scope of an EIS. 2) Integrating impact reports into the planning process. 3) Recommendations concerning the development of impact checklists. 4) An evaluation approach which defines impacts in separate quantitative and certain key qualitative terms. 5) Several general considerations and a method of summarizing an EIS in order to facilitate impact communication. 6) A flexible and general EIS format which lists most of the important requirements of an impact report. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

This paper will look at whether the legislation passed in South Africa aimed at preventing and prohibiting oil pollution, as well as current civil liability regimes for oil pollution accidents are adequate or if they fail to meet the standard required by international law. For instance, compensation for the damage and harm caused to the environment is vital in order to restore the sea and prevent further accidents. In terms of civil liability, South Africa ratified the Convention on Civil Liability, but failed to enact domestic legislation in terms of the Convention to regularly update current legislation so that the standards are high and enforceable in national law. The result was that South Africa was left financially unprepared to deal with future oil spills and prevention thereof.

The goals of conserving nature have changed over the last decades, but setting aside areas for nature protection is still a major part of environmental efforts globally. Protected areas often include indigenous and local communities' territories, and although indigenous rights have been strengthened through international policies and laws, conflicts over land entitlement are still common. A couple of notable events internationally in the context of Human Rights and nature conservation discourses have marked a significant shift in the attitudes and approaches to the role of indigenous people and local communities in natural resource governance. Contemporary approaches enable them to define themselves and to own and manage land and natural resources. Domestic policy makers are faced with the challenge of creating national laws and policies to implement this contemporary approach. This thesis looks at the concept of ICCAs as a tool for facilitating participation of indigenous and local communities in natural resource management. It begins with an analysis of the form, nature, origins and value of ICCA's- and specifically key legal elements which should ideally be included in a legal framework to give domestic effect to them. This analysis indicates that in order to recognise and protect the indigenous people and local communities and for ICCAs to be a success, their land tenures and resource rights have to be legally secured, they have to be deliberately involved in management of natural resources and they have to enjoy the benefits that arise as a result of their input and use their traditional knowledge to protect and conserve natural resources. The dissertation then turns to consider whether these elements are present in Kenya's legal framework. 2010 is used as a benchmark because of the significant reform introduced giving an edge in the way indigenous people and local communities and their contribution to natural resource management were recognised.

Incudes bibliographical references. / The first human activities which were recognized as major environmental threats were industrial production processes. As a result, this field was the first which was subjected to environmental law, initially on a domestic level, and then subsequently also on a regional and global level. As development continued to progress, people realized that there were considerably more human activities that could also have a hazardous impact upon the environment. One of these were hazardous products, products which possess the inherent capacity to cause adverse effects on human health or the environment. This group includes, in particular; .certain chemicals, like pesticides, industrial chemicals and pharmaceuticals, as well as many other nonchemical products as diverse as radioactive materials, consumer goods and, in more recent times, genetically modified organisms (GMOs). As a consequence, many countries have adopted national laws to deal with these products. In addition, states have had to recognize that the issue of hazardous products also has certain international ramifications. This led to the adoption of a special group of international environmental instruments which specifically addressed product related hazards. The, present study undertakes to analyze this group of i agreements with a view to identifying common characteristics and differences. In order to achieve this, it concentrates on the four Multilateral Environmental Agreements which have been concluded in the field: the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention), the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (Cartagena Protocol), the Montreal Protocolon Substances that Deplete the Ozone Layer (Montreal Protocol) and the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention). In addition, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) was also included in the study, in spite of the fact that waste presents certain peculiarities which render its classification as a product contentious.

Legislation by its nature is a dynamic process. In order to keep abreast with changing circumstances and demands, new legislation often has to be introduced and old legislation amended. Recent global developments have led to widespread environmental awareness and the need for better methods of environmental protection. As a result there have been remarkable developments in the field of environmental law during the last two or three decades. Environmental Impact Assessment legislation is one area in which changes have been quite profound. This study takes into account such changes and it is for this reason that I have to point out that the information contained in this study is valid as at the end of August 1994.

REDD+ has emerged as one of the governance approaches to address climate change. It calls for developing countries to take part in a second commitment period for a post-2020 climate change regime under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC) and outside the UNFCCC. The goal of REDD+ is that host countries will receive, inter alia, financial compensation if they choose to conserve their forests rather than convert them to non-forest land use. Such compensation is for significant emission reductions which are reasonably attributable to human activities. This implies that REDD+ implementation at a domestic level will require allocation of burdens and benefits. In light of this implication, many scholars suggest that the design of the policy and legal framework to this effect must strike a balance between equity, environmental effectiveness and costeffectiveness (commonly referred to as the 3Es) to be deemed successful. Against this background, this thesis questions: what is the optimal (and feasible) model legislative framework sufficient to implement REDD+? It argues that REDD+ should be defined as a self-regulatory system. This view directs attention toward a distinctive regulatory framework. Thus the thesis suggests that one possible legal framework that holds that potential in Tanzania and Indonesia is reflexive law. The research draws on international best practice and numerous innovative governance models from different fields and proposes essential elements to substantiate its position. This study reflects REDD+ developments up to 31 December 2015.