{"title":"Environmental Provisions in the WTO and Asian Developing Country Perspective","authors":"Aparna Sawhney","doi":"10.2139/ssrn.2160352","DOIUrl":"https://doi.org/10.2139/ssrn.2160352","url":null,"abstract":"This paper analyses the impact of the SPS and TBT agreements on developing Asian countries with special reference to India. The implementation of these provisions has raised questions of economic protection versus environmental protection. Departure from harmonized international standards, and proliferation of eco-branding in the North, has resulted in market fragmentation for developing country exports. While consumer sovereignty/environmental risk preferences of different nations have to be respected, developing countries need to express their own environmental priorities. Only then would global diversity in environmental endowment and knowledge be accurately reflected in the multilateral trading system and help achieve sustainable development.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123994863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dissenting Statement of Commissioner Gail Heriot to the U.S. Commission on Civil Rights' Report on Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898","authors":"Gail L. Heriot","doi":"10.2139/SSRN.2897775","DOIUrl":"https://doi.org/10.2139/SSRN.2897775","url":null,"abstract":"On September 30, 2016, the U.S. Commission on Civil Rights published a report entitled \"Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898.\" This Dissenting Statement, written by Commissioner Gail Heriot, was part of that report, but was critical of the main body of the report. It discusses the Commission's lack of expertise in the area and how the Commission staff's independent research tends to undermine the Commission's conclusions. It also discusses how the incendiary allegations of some Commission members and some witnesses of \"environmental racism\" are inappropriate, and how (contrary to the Commission's apparent assumption) Title VI has already been held not to be a disparate impact statute by the Supreme Court.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122506863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Recovering Hazardous Waste Cleanup Costs: The Private Cause of Action Under CERCLA","authors":"J. M. Gaba","doi":"10.15779/Z38JK00","DOIUrl":"https://doi.org/10.15779/Z38JK00","url":null,"abstract":"Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a broadly defined group of landowners, transporters, and generators of hazardous waste are liable for the costs of cleaning up hazardous waste sites. CERCLA provides the government with powerful tools to impose this liability. The United States Environmental Protection Agency (EPA) has the authority both to compel responsible parties to clean up the site or to clean up the site itself and recover its expenses from these parties. The government is not the only party, however, that can impose liability for hazardous waste cleanup costs. Section 107(a)(4)(B) of CERCLA provides that responsible parties are also 'liable for . . . any other necessary costs of response incurred by any other person consistent with the national contingency plan.' This new cause of action creates a significant role for private parties in the national hazardous waste cleanup effort. This Article examines issues raised by the section 107(a)(4)(B) private cause of action. Section I provides an overview of the provisions of CERCLA that are essential to understanding the issues under section 107(a)(4)(B). Section II addresses the threshold question of whether section 107(a)(4)(B) does, in fact, provide an independent cause of action for recovery of hazardous waste cleanup costs. Section III examines the requirements for asserting the cause of action. Issues examined range from standing requirements to questions of ripeness. The most difficult questions, however, may involve the requirement that private cleanups be 'consistent with the national contingency plan.' EPA's recent revisions to this national cleanup plan attempt to provide some control over private cleanup efforts. Section IV discusses significant problems that may constrain parties from undertaking private hazardous waste cleanups.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126400986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"China's Limits to Growth? The Difference between Absolute, Relative and Precautionary Limits","authors":"P. Ho, E. Vermeer","doi":"10.1111/J.0012-155X.2006.00477.X","DOIUrl":"https://doi.org/10.1111/J.0012-155X.2006.00477.X","url":null,"abstract":"The contributions in this volume have sought to delve into the question of whether the greening of state and society is a reality or a myth, by highlighting the case of one of the world’s fastest developing and most populous countries: China. The rise of China has worried many observers as it has led to a heightened pressure on the resources of the nation and the world. This has become painfully clear as a result of a sharp rise in soil, water and air pollution within China, as well as rising Chinese demand for natural and mineral resources such as oil, gas, timber and steel. The critical question concerning China’s development is whether it can actually ‘meet the needs of the present without compromising the ability of future generations to meet their own needs’?","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114339014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}