...countries of Indian subcontinent: A comparative study • India: The National Environment Tribunal • Pakistan: The Environment Tribunal • Comparative study Recommendations Conclusion Introductory Note Environmental Law is a source and foundation of orderly response to Global and National environmental problems. International Environmental Law is the principal means by which community of nations builds and expresses international consensus on environment and development challenges. National Environmental Law is the most effective instrument for translating environment and development policies into action. Judiciary is a key mechanism for ensuring legal effectiveness of environmental law. A judiciary well informed of the rapidly expanding environmental law, can play a critical role: in interpretation, development and enforcement of environmental law, enforcing environmental rights, public access to judicial procedures, exchange of judgments, sharing information on environmental law, policy and environmental jurisprudence. The purpose of this assignment is to focus on the function of the Environment Courts of Bangladesh established under the Environment Court Act, 2000, to examine its efficiency and effectiveness, to point out different lacunas of the statute and of the judicial process, to take a short look at the statutes of the Indian sub-continent in this field, to do a comparative study among the laws of this sub-continent and to forward recommendations...
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...Hardtech, Inc Case Study Analysis (Harvard) Homework #3 IE560 Spr 2016 #1 HardTech, Inc) Hardtech, Inc. should implement a matrix organization per Ryan’s recommendation to complete their three new initiatives. This will allow each initiative to be run by a discrete, dedicated project team. The project teams will consist of employees from each of the relevant departments allowing deep subject matter expertise as needed to complete the project successfully. This allows for more adaptability of the work force and quicker response times to complete tasks and close the project within the desired timeframe. A matrix organization enables this because employee resources, road blocks, and conflicts specific to that project are coordinated and solved by a dedicated project manager. The project manager achieves this by keeping a master schedule that holds each employee accountable for project time, cost, and quality while simultaneously battling scope creep. Traditional/functional organizations operate at the opposite end of the spectrum which tends to be more rigid (not adaptable), lacking broad subject matter expertise, and keep people protecting their own slice of the pie (their specific department). Matrix orgs force people to work for the good of the organization as a whole. #2 Mearl Oil Case Study) Mearl Oil Company implemented environmental impact targets (EITs) to protect human health and the environment from pollution at its facilities and plants. This was...
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...used to review a strategy or position, direction of a company, a marketing proposition, or idea. To get the most out of a PEST analysis, businesses should understand each of the four factors. 1. Political : * New state tax policies for accounting * New employment laws for employee handbook maintenance * Political instability in a foreign partner country 2. Economic: * International economic growth * Changes in interest rates 3. Social : * Shift in educational requirements and changing career attitudes * Population growth rate 4. Technical : * Automated processes in the industry * Rate of innovation * Changes in technology incentives 2. Give four examples of other external factors not featured in the case study. There are few more factors which affects business than PEST analysis factors. Few of them are as below: (1) ENVIRONMENTAL FACTORS : Environmental factors itself suggest that it is related with nature. This is also important factors which influence firm's business. No one can predict that what will happen in future because future is unpredictable. This environmental factor affects specially industry such as tourism, farming, and insurance. Environmental factors involves,...
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...INTRODUCTION This report of Country Environmental Analysis (CEA) aims to assess ADB’s future role and operational strategy in the environment sector and will also provide input to the Country Strategy and Action Plan (CSP). This CEA for 2005-2009 outlines the environmental issues that are most significant to the Bangladesh’s economy. It will also provide background information on the environmental constraints, needs and opportunities in Bangladesh. Over the given period of this strategy document, ADB will be working with the Government of Bangladesh (Gob) for the improvement of the environment sector, wherein this report may be a basis for actions and/or intervention. This work focuses on the aspects of understanding the important features of the Bangladesh environment that need to be essentially understood. The purpose of the report is to present the findings of a review done on the environment sector. The review considered the ongoing and past interventions, legal and policy regimes and finally outlined the outstanding issues facing the sector. Objectives of the study It is well established that the process of land use change leads to the alteration of existing environmental conditions of any area. The specific objectives of the study were: 1. To identify the existing land use pattern of the selected area; 2. To explore the prime causes of land use change and its Effects on the environment of the study area, and 3. To give some...
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...CHAPTER ONE INTRODUCTION 1.1 BACKGROUND TO THE STUDY Oil spill is the leakage or discharge of petroleum onto the surface of inland or coastal water. It assumes disastrous dimension when an uncontrollable well blows out or pipeline ruptures. On water surface, spreading takes place immediately, which is very harmful to various types of aquatic lives as it prevents sufficient amount of sunlight from penetrating and also reduces the land-dissolving capacity in the water. The magnitude of crude oil pollution and damage occasioned by multi-national oil companies operating in the Niger Delta region of Nigeria is incredible (Urhobo Historical Society, 2003). It is noteworthy that the devastating consequences of the crude oil spill in the region with its eventual hazards on both aerial and terrestrial environments is tantamount to an irreversible chain effect on both the biodiversity and human safety. Abbot (2007) in her article entitled “Think Jamaica is Bad? Try Nigeria” notes that the discovery of oil has been an ecological disaster for the Niger Delta where the oil is extracted. Oil and natural resources of a country are often considered to be national assets. Oil penetrates into the structure of the plumage of birds and the fur of mammals, reducing its insulating ability, and making them more vulnerable to temperature fluctuations and much less buoyant in the water. Animals that rely on scent to find their babies or mothers fade away due to the strong scent of the oil....
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...MARINE ENVIRONMENT LAWS IN MALAYSIA DEVELOPMENT AND COMPLIANCE Outline of Presentation • Introduction • Objectives of Study • Methodology • Development of Marine Environment Laws in Malaysia • Compliance with Marine Environment Laws in Malaysia • Conclusions Introduction – Environmental Law • Body of international convention, domestic statutes • • • or laws, state or provincial ordinances and local government bylaws that govern human activities which impact the environment. Established to: - avoid tragedy of the commons - eliminate free riders in environmental protection and control of pollution And in response to: - the growing development of environmental ethics - the changing requirement of international law Tool for implementing policies Objectives of Study • Examine marine environment laws in Malaysia in terms of its development and its coverage; • Assess the level of compliance with marine environment laws in Malaysia and what it means in terms of environmental management; and • Identify means to promote compliance with environmental laws. Research Questions • How has marine environmental law in Malaysia changed over the years? • Are our laws adequate in dealing with marine environment issues? • What is the level of compliance with our marine environment laws? • Can the compliance level be improved? • What are the factors which drive environmental law development in Malaysia? Methodology •...
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...Desperate Air Case In the Desperate Air case, As the Vice President of Real Estate at Desperate Air Corporation, Nash is facing with ethical dilemmas, and there are some moral reasoning about the conflict of personal and business ethics. Nash was told that pending sale of Florida property potentially had toxic waste buried beneath the surface. Thus, should he mention the hazardous materials to the Fledgling representative before he closed the sale? In my opinion, if I was in George Nash’s position, I would proceed with the sale without disclosing the information regarding what I had heard about the toxic waste. Using Deckop’s decision making models, the ethical decision-making may meet three goals: utilitarianism, profit maximization, and universalism. This means that if people use different perspectives, they would make different decisions. Profit maximization is actually a subset of utilitarianism, and the utilitarian is often portrayed figuratively as holding a scale, with the benefits on one side being weighed against the harm on the other. According to the profit maximization point of view, compared to harm, the decision may bring more benefit. In this case, Nash is conflicted between remaining silent and closing the sale immediately. Remaining silent will help his company stay solvent which in turns results in people remaining employed. Nash also have responsibilities to the company and employees. While speaking up and informing Fledgling about the toxic waste could delay...
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...Enviromental Law There are many differences between corporate law and environmental law; however, the similarities that exist are numerous as well. Although the environmental and business world are constantly changing due to advances in technology, law ethic, and human rights issues, the world of law changes and develops just as quickly to govern the two ever changing types of law. Although changes are made to corporate and environmental law somewhat often, the differences and similarities are always easily seen. To begin with, lawyers interpret the law through actions and words for the protection of an individual, a business, concern, or an idea. They must be highly educated in several important areas: the law, economics, history, human motivation and behavior, and the practicalities of day to day living. The education of lawyers never ends because they must constantly be informed of important information, which may be of use to the client. Their education is also considered never to end because of the fact that the law is always changing and evolving. Environmental law is one of the newest entries in the legal world. Environmental law requires a concern for the nation's resources, knowledge of where the resources are, what they are used for, how and why they may be endangered, damaged, or exploited. Environmental law also requires a concern for those whose job it is to protect them (Vig 120). Environmental lawyers may work alone or in a group. Environmental lawyers...
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...MARINE POLLUTION & ENVIRONMENTAL STUDIES. Semester: Code: PA-101.4 Total Hours: 45 Hours Per Week: 3 Credit: 3 COURSE DESCRIPTION GENERAL OBJECTIVES At the end of this course, students should be able to : 1. Identify key elements of the global environment. 2. Discuss how environmental elements interact locally and globally in predictable and unpredictable ways. 3. Describe the impact of human activities on the global environment. 4. Discuss issues relating to sustainable development. 5. Identify international and Caribbean regional environmental challenges 6. Identify biotic and abiotic components of ecosystems and some of their possible interactions. 7. Describe physical, chemical and biological characteristics of the oceans. 8. Identify the principal marine pollutants and the threat they represent. 9. Assess the impact on the marine environment of oil pollution from the oil industry and the shipping industry. 10. Identify requirements to maintain healthy ports and harbours, and current programs to rehabilitate Caribbean ports. 11. Identify organizations and regulatory structures concerned with oceans management and costal zone management in general and within the Caribbean region, including the UNEP regional seas programme. 12. Discuss national and international marine law; the use of civil and criminal law in regulating the environment and the conflict between private property...
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...A State Intervention Approach to International Trade and the Right to Health in the Crude Oil and Natural Gas Sector of Nigeria Table of Contents A State Intervention Approach to International Trade and the Right to Health in the Crude Oil and Natural Gas Sector of Nigeria 1 Chapter 1 General Introduction 6 1.1. Background 6 1.1.1. Definitions 14 1.1.2. Trade Liberalization 14 1.1.3. International Trade Law 15 1.1.4. Right to Health 16 1.1.5. Human Right Laws 17 1.2. Research Questions 18 1.3. Justification of the Research 21 1.4. Research Objectives 30 1.5. Research Methodology 31 1.6. Research Structure 37 Chapter 2 Theoretical Framework and Literature Review 40 2.1. Introduction 40 2.2. International Trade Rules and Protection of People’s Right to Health 41 2.2.1. Sources of International Trade Rules 41 2.2.2. Trade Liberalization and the Protection of the Right to Health 44 2.3. Scope of the Right to Health 54 2.4. Brief Overview of State Intervention Theory 59 2.5. States Duty towards the Fulfilment of the Right to Health 65 2.6. Legislative and Institutional Regulations Protecting the Right to Health in Nigeria 73 2.6.1. The International Covenant on Economic Social and Cultural Rights (ICESCR) 1966 76 2.6.2. The African Charter on Human and People’s Rights (ACHPR) 78 2.6.3. The International Health Regulations, 2005 81 2.6.4. The Nigerian Constitution 82 2.7. Conclusion 83 Chapter...
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...Submitted in Fulfillment of the USD School of Law Writing Requirement Energy Law Professor Burleson Spring, 2009 Table of Contents Introduction 2 Background 3 The Need for CSR at Home and Abroad 7 Case Study Analyses: Four Critical Events in the Oil Industry and their Effect on CSR Case Study #1: The Exxon Valdez Oil Spill 9 Case Study #2: Occidental and the Piper Alpha Disaster 12 Case Study #3: A Two-Part Analysis of Shell in the Mid-1990s a) Shell’s Human Rights Violations in Nigeria 16 b) Shell’s Response—Outsource CSR 21 Case Study #4: BP’s Major Advances in CSR 24 Ethics and the Problem of the Public Relations Quick Fix 27 Analyzing the Current Corporate Culture: Failure to Meet the Triple Bottom Line 32 Conclusion 38 Works Cited…………………………………………………………………...…………41 Introduction Over the past twenty years an irrefutable shift in the oil industry has occurred—the shift to Corporate Social Responsibility (CSR).[1] The purpose of this paper is to analyze the motivation behind this shift and determine if these CSR practices are genuine. In other words, does the adoption of CSR denote a tangible change in the way oil companies operate, or is it merely an elaborate public relations exercise? To answer this question, the paper analyzes the motivation behind the shift to CSR through a case study analysis of four major events in the oil...
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...Case Study of the Love Canal Environmental Disaster ENV/410 March 23, 2014 Case Study of the Love Canal Environmental Disaster In May of 1892 a man named William T. Love arrived in Niagara Falls with a long-held dream of building a carefully planned industrial city with convenient access to inexpensive water power and major markets. The plan included the construction of a navigable power canal between the upper and lower Niagara Rivers which would service a massive industrial complex. The transportation of water would be supplied by the lower Niagara River and Lake Ontario. However, due to the country suddenly finding itself in the middle of a full-scale economic depression and the fact that Louis Tesla had just discovered a way to transmit electrical power economically over great distances by means of an alternating current, Love's project was dealt a death blow. His backers deserted him and the whole project fell apart, with the land being sold at public auction in 1910 (Whalen, 1978). In the 1920's the excavation became a chemical and municipal disposal site for several chemical companies and the City of Niagara Falls. Chemicals of unknown kind and quantity were buried at the site up until 1953, after which, the site was covered with earth. Soon, about 100 homes were built, along with an elementary school, on top of this toxic waste dump. The effects of the pit's contents soon began to be felt. Strange odors and substances were reported by residents, especially those...
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...results in injury to a person, property, or good name. In most cases the person injured is entitled to compensation (Jennings, 2006). It is in the businesses best interest to be educated on local, state, and federal laws and regulations to reduce regulation and tort liability. A business must protect its assets, earnings, and good name. A company must have a plan in place to reduce and eliminate fines, penalties, and tort liability. The business must have a preventive plan in place to address regulation compliance and tort liability (Dore, 2008). Preventative, detective, and corrective measures The preventive plan should include measures to know and understand regulations and liability torts the business could encounter. Furthermore, the business plan should include steps that will be taken in the event of a government regulation violation or a tort liability. The plan should first identify the possible torts for non-compliance to government laws and regulations. The following are some of the issues the preventive plan should include: The business must identify health risks to employees, consumer, and the general public. The business must take solid steps to ensure the product, or services rendered is not harmful to others. An employee of the business needs to be assigned and responsible to understand the laws and regulations that affect all facets of the business. This person needs to keep management informed of new laws and regulations. The person is also responsible to train...
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...There are many risks for a company in the legal realm and it is important for them to minimize their tort and regulatory risks. A company should have a risk plan in place that can help them succeed. This plan can be a continuously changing plan depending on needed improvements on the plan. A risk plan can be developed easily when you look at the Alumina Inc. case as an example. A company such as Alumina can manage their risks through three basic measures which are preventative, detective, and corrective. Preventative measures are the easiest for a company to control and change. These can include anything from the company’s internal laws to the education of these laws. Freedom of speech is a civil right given to people and in cases such as Alumina vs. Kelly Bates; preventative measures could have helped controlled the case. Even though a citizen’s speech may be considered as disparagement, damage to the company can still occur. A major risk for a company in a situation like this is if they were to harm their own customers and alienate their business. This can really damage their reputation and that is why the CEO Roger Lloyd of Alumina was so concerned. They have a Duty of Care that they must ensure that they are protecting these individuals and are not guilty of negligence. A company can have a legal department that is proactively researching potential problems and ensuring their corrective measures are in place. This can help solve a problem quickly with minimal damage...
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...Tort Risk and Business Regulation Simulation Jane Thomas University of Phoenix Business Law/531 Thomas Friedman October 19, 2010 In today’s business world it is crucial for organizations to have a plan in place to identify and manage tort liability. This can be managed through preventive, detective and corrective measures. The purpose of a plan is for an organization to manage and minimize individual risks. Organizations that fail to comply with Federal, State, and local regulations expose the organization to regulatory risks. This could greatly impact the organizations reputation, earnings, and existing assets. This paper will identify regulatory risks and tort liability as related to Alumina Inc. The United States based Alumina Inc. is a global multibillion dollar company based in the state of Erehwon near Lake Dira. Alumina is a manufacturing plant that specializes in automotive components, alumina refining, aluminum smelting, bauxite mining, and packaging materials. The corporation operates in eight countries with 70% of its sales coming from the United States. Alumina falls under jurisdiction 6 of the Environmental Protection Agency (EPA). During a routine EPA compliance evaluation inspection five years ago, Alumina was found to be violation of discharging polynuclear aromatic hydrocarbons (PAH) that exceeded the EPA standards. EPA demanded a cleanup to which Alumina complied without delay. Alumina Inc. is being accused by a local resident...
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