...| NAFTA and Environmental Protection: Falling Short of the Mark | | | 4/11/2011 | A Look at Some of the Lasting Consequences of Investor Protection Measures | | After the negotiation of the North American Free Trade Agreement in 1992, there has been an increase in the use of Chapter 11 to defend foreign investor rights. The poignant question remains whether these rights do and should take precedence over environmental considerations. This Paper looks at the treatment of investor protection measures and environmental protections contained within NAFTA with a view to their application within international arbitration cases. | NAFTA and Environmental Protection: Falling Short of the Mark A Look at some of the lasting consequences of investor protection Measures Contents Introduction 2 NAFTA Investor Protection Measures 3 Article 1102: National Treatment 3 Article 1103: Most-Favored-Nation Treatment 6 Article 1104 & 1105: Domestic & International Minimum Standards 7 Article 1110: Expropriation and Compensation 8 The Basis for Legal Challenges 11 NAFTA Environmental Protections 13 Article 104: Environmental and Conservative Agreements 14 Article 1114: Environmental Measures 16 Language across all Environmental Provisions 17 Enforcement of Environmental Protections 18 Cases of NAFTA Chapter 11 Arbitration 19 Ethyl Corporation v. Canada 20 S.D. Myers v. Canada 21 Concluding Remarks 22 Bibliography 26 Introduction In Canada, we are proud of our...
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...Environmental protection is a practice of protecting the natural environment on individual, organizational or governmental levels, for the benefit of both the natural environment and humans. Due to the pressures of population and technology, the biophysical environment is being degraded, sometimes permanently. This has been recognized, and governments have begun placing restraints on activities that causeenvironmental degradation. Since the 1960s, activity of environmental movements has created awareness of the various environmental issues. There is no agreement on the extent of the environmental impact of human activity, and protection measures are occasionally criticized. Academic institutions now offer courses, such as environmental studies, environmental management and environmental engineering, that teach the history and methods of environment protection. Protection of the environment is needed due to various human activities. Waste production, air pollution, and loss of biodiversity (resulting from the introduction of invasive species and species extinction) are some of the issues related to environmental protection. Environmental protection is influenced by three interwoven factors: environmental legislation, ethics and education. Each of these factors plays its part in influencing national-level environmental decisions and personal-level environmental values and behaviors. For environmental protection to become a reality, it is important for societies to develop each...
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...1) When was the environmental protection agency (EPA) formed? - 1970 What events prompted its formation? - The U.S. was rocked by a series of waste land toxic materials, the earth's automatic, self-cleansing, life support systems became increasingly threatened and consequently people from all walks of life and from every part of the political spectrum were expressing their anxieties on the streets and this happened to b the largest public American demonstration ever seen in America. Hence prompting President Richard Nixon transmitted Reorganization Plan No. 3 to the United States Congress by executive order, creating the EPA as a single, independent agency from a number of smaller arms of different federal agencies. 2) How did deregulation of industry during the Reagan years affect water quality and the overall power of the environmental protection agency? - By appointing people who were flat out opposed to the mission of the agency (EPA), in an attempt to reorient the policy to favor American Businesses, President Reagan, jeopardized all efforts done by the Epa to protect the environment especially as its size and influence was curbed hence leading to poor water quality and a non effective environmental protection agency. a) What does ‘voluntary compliance’ mean? It was a voluntary program which was aimed at effectively dealing with a multi state pollution problem and yet failed repeatedly leaving unfulfilled the clean water act’s promise to radically reduce...
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...Environmental Protection Agency Introduction Thе purpose of this paper is to review closely thе report entitled "EPA Needs to Improve Oversight of Its Information Technology Projects," with а major focus on its recommendations. In this paper, I will analyze different alternatives presented in thе report. I will also shed light on the Clinger-Cohen Act which directs that the Government Information Technology Shop be operated exactly as an efficient and profitable business would be operated. Acquisition, planning and management of technology must be treated as а "capital investment." Because this law is complex, all consumers of hardware and software in thе department should be aware of thе Chief Information Officer (CIO) leadership in implementing this statute. Clinger-Cohen Act Thе Clinger-Cohen Act was enacted as а response to а report released by U.S. Senator William S. Cohen of Maine in 1994 called "Computer Chaos: Billions Wasted Buying Federal Computer Systems." This report outlined thе many ways that the government squanders taxpayer funds on outmoded and unwanted computer equipment. Some of thе long-standing, systematic problems that thе Clinger-Cohen Act was enacted to resolve include: • Insufficient attention to thе way business processes are conducted and to opportunities to improve these processes before investing in thе Information Technology that supports them; • Investments in new systems for which agencies had not adequately planned and which did...
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...The Coordination of Legal Systems in Environmental Protection Introduction The objective of this paper is to examine the issues involved while protecting the environment and coordinate with the Australian legal system to devise an action plan for civil law. Factors that control the right usage of environment are a legal requirement in many countries. Australia is not an exception to this mainly because of the availability of abundant natural resources present in the country. This calls for biodiversity legislations and laws to avoid abuse of natural resources. Since, environmental protection plays an important role in many fields there is increased control and authority from different players that often leads to disputes. Policy-makers and lawyers have often overlooked the representation of systems used in legitimate regulatory behavior in the context of environmental protection. Environmental regulations are based on certain models that are perceived and created to aide policy-makers. These models help legal professionals and policy-makers to understand technical aspects and adverse impact on the environment for correctly framing laws and in decision making. Role of Environmental Models in Policies and Regulations Environmental models play an increasing role in decision making. They act as a catalyst for policy making and also for devising regulatory strategies. Models are required to be understood for policy makers and lawyers because of their focus in dispute resolution...
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...Green Banking Initiative: Opportunities for Bangladesh Dr. S M Ahsan Habib Professor and Director (Training & Research), BIBM The paper was presented at a seminar on Green Banking at BIBM on October 14, 2010 Green Banking Initiative: Opportunities for Bangladesh I. Introduction Banks that were once seen only as profit motive institutions have been adjusting to a more demanding market and to a more conscious society over last two decades. An increasing number of banks around the world are going green by providing innovative green products that cover financial services to support the activities that are not hazardous to environment and help conserve environment. A green bank is also called an ethical bank, a socially responsible bank, or a sustainable bank. The exact meaning of all these titles may not be same however they cover a lot of common activities and perceptions. At least, all these banks- in various ways and at different times- have engaged themselves in making a better future (Merzio 2007). The approach to green banking (GB) varies from bank to bank, however, broad objectives of green banks are to use their resources with responsibility avoiding waste and giving priority to environment and society. The public concern of the state of environment has been growing significantly in the last few years, mostly due to apparently unusual weather patterns, rising greenhouse gases, declining...
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...development of China’s economy, that is, environmental pollutions. Starting with air pollution, along with water pollution and soil pollution, China is currently facing the most serious problems than ever before. Establishing of many industrial factories has made China a top share in manufacturing. However, neglecting of protecting the environment while developing manufacturing has already resulted in lots of problems, such as the PM2.5 problem in many major cities, as well as the extreme lack of clean drinking water. On the other hand, concerns over global environmental issues, such as global warming, depletion of the ozone layer, deforestation, loss of biodiversity, trans-boundary movement of acid rain, and hazardous waste, etc., are mounting worldwide. About 25 years ago, a law named Environmental Protection Law of the People's Republic of China, which set out basic principles and directions for formulating environmental policies, was enacted on December 26, 1989. This Law was formulated for the purpose of protecting and improving people's environment and the ecological environment, preventing and controlling pollution and other public hazards, safeguarding human health and facilitating the development of socialist modernization. The law has stated that The state shall encourage the development of education in the science of environmental protection, strengthen the study and development of the science and technology of environmental protection, raise the scientific and technological...
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...materials, bauxite mining, aluminum refining, and aluminum smelting. Five years ago, Alumina was in violation of environmental discharge norms in a routine EPA compliance evaluation. PAH concentration in test samples was above the prescribed limit. A clean up was ordered, with which Alumina promptly complied. A follow up audit reported the violation as corrected. Other than this single isolated incident, Alumina has a good record of compliance before and after. Now, Kelly Bates, a 38-year-old single mother, accused Alumina of repeatedly contaminating the waters of Lake Dira with carcinogenic effluents, and has alleged that consumption of the contaminated water is the proximate cause of her 10-year-old daughter’s leukemia. Bates also alleges that her daughter’s condition may be as old as Alumina’s first instance of environmental law violation. The Key Facts, Regulations, and Legal Issues This section discusses the main themes of the simulation and why they are important aspects in the decision making process. The first key fact in this simulation is that five years ago Alumina Inc. in a routine EPA compliance evaluation was found to be in violation of environmental discharge. The PAH concentration test samples were above the prescribed limit. The EPA ordered a clean up, which Alumina Inc. complied. Except for this one incident, Alumina Inc. has a positive overall environmental regulation compliance record. The second key factor in the simulation is in regard to the Freedom of Information...
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...Charles White, President From: Ethan Worley, President of all Accountants Date: 2/9/2015 Re: EPA Regulations Mr. White, It has come to my attention that there is a possibility of an unforeseen expense relating to our newly acquired subsidiary, Johnson Manufacturing Co., and the way that they have been disposing of their hazardous waste. Due to the nature of the disposed waste, the Environmental Protection Agency has ordered certain companies that would be comparable to Johnson Manufacturing, to pay for remediation costs in circumstances where this type of dumping has occurred. Due to the Comprehensive Environmental Response, Compensation, and Liability Act being enacted after Johnson, Co. disposed of their toxic chemicals, there was no knowledge of wrong-doing, and any issues arising from this law are not due to negligence. However, the EPA is firm in its response to any known site where this kind of dumping has occurred. The issues we now face is that of whether or not to take ownership for Johnson Manufacturing, by informing either the EPA directly, or reporting an environmental liability on our balance, which will likely be reviewed by the EPA. In my research of the topic, I have come across a few uncertainties with how to interpret our particular situation. To begin with, in accordance to GAAP, in order to recognize a loss contingency, it must be probable, and reasonably estimated. 410-30-25-8 Section 450-20-55 concludes that the criterion for recognition...
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...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 Kelly Bates that her ten year old daughter has developed leukemia as a proximate cause of the elevated levels of PAH in the drinking water. She has filed a multi million dollar lawsuit against Alumina for neglect. She also alleges in the local newspaper, that her daughter’s disease dates back to the company’s first violation of environmental law. With the exception of the one violation five...
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...Abstract This act of Toxic Substances Control offers the Environmental Protection Agency (EPA) the ability to control industrial chemicals that are not protected by other statutes. It is know that till this day there are added more than 83,000 such chemicals. Nevertheless, the law is commonly observed as weak and out-of-date, and a number of different stakeholders have called for its reform, quoting the EPA’s failure to control the use of asbestos, throughout extra substances. They analyze the errors in the act and recommend different methods in which the EPA gets strength and improves their position itself to accomplish chemical hazards and safeguard the public’s health. Furthermore to the different tools and technologies it is accepting, the agency needs new associates both inside and outside the government in its determinations to classify and regulate hazardous chemicals. Name of the environmental law -The Toxic Substances Control Act Date the law was passed - 1976 Provide a description of the law - The Toxic Substances Control Act of 1976 provides EPA with power to need reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and or mixtures. Some substances are mostly disqualified from TSCA, including, among others, food, drugs, cosmetics and pesticides. Background information what initiated the law? Why it was provide specific information about the situation. -The objective of the Toxics Substances Control Act (TSCA)...
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...negligence regulatory compliance, Alumina Inc. is an aluminum producing company that operates in eight countries around the world. The company has business interests in automotive components, the manufacturing of packaging materials, bauxite mining, alumina refining, and aluminum smelting. Although Alumina operates in many countries, the United States accounts for nearly 70% of Alumina’s sales figures. (UoP, 2002 ) Five years ago, in a routine Environmental Protection Agency (EPA) compliance evaluation, Alumina was reported to be in violation of environmental discharge norms. According to the evaluation results, the Polycyclic Aromatic Hydrocarbons (PAH) concentration in water test samples were above the prescribed limit. (UoP, 2002) As a result, the EPA ordered a mandatory clean up; to which Alumina immediately complied and upon an EPA audit, received a report as the issue being “corrected.” Furthermore, up to the date of the EPA’s findings and the five years following, Alumina has had no other blemishes on its environmental regulation compliance record. Now, five years later, a story in the local newspaper, The Erehwon Reporter, reports that Kelly Bates, a 38-year-old single mother, is making accusations that Alumina has repeatedly contaminated the water of Lake Dira with carcinogenic effluents; which is being blamed for the proximate cause of her 10 year daughter’s diagnosis of leukemia. Risks The threat of a lawsuit presents many risks to the well-being of Alumina...
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...in one or more of these areas, including but not limited to, women and children empowerment, refugee advocacy, education, disaster response, emigration and immigration, policy and decision making, health care, poverty and economic justice, and environmental conservation (Gibbons, 2012). There are many aspects of the environment that affect our global society. It is crucial for organizations of all types to understand their role in environmental issues. Although, there are groups of individuals taking steps to improve these issues, these efforts will not be successful until everyone works together on a common goal of environmental sustainability. Boyd and Osbahr assess international organizations that are addressing concerns related to climate change (2010, p.629). The authors stressed the need for action in the area of the environment. The goal of this project is to gain a greater understanding of how three different organizations have taken measures to address climate change. There are many aspects of the environment that affect our global society. As globalization progresses, the earth’s natural systems will change local environmental issues into global problems. Nations all over the planet will be affected by all environmental problems including acid rain, air pollution, climate change, ozone depletion, smog, water pollution, production of food, overpopulation, and rain forest destruction. The Intergovernmental Panel on Climate change stated that people are experiencing...
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...Everywhere in the world, the issue of climate change presents an archetypal environmental problem. Communities often fight governments, both at the state and national levels in a bid to protect the environment they have known for ages. Governments, on the other hand, protect these natural settings by formulating laws and policies that ensure the society does not lose its treasures[1]. However, some seek to use the protected spaces as a means of developing projects that will provide the state or nation with more resources, revenues and products. These may be good developmental projects, but they ought to protect the environment first before they can sell such ideas to a conservative society. As in all other nations, Australia has also been engulfed in a fight to save the environment as the government looks at creating developmental projects that will necessary block any advantages that the local community has enjoyed since time immemorial[2]. By seeking to repeal at least 60% of protection that the New South Wales Far North Coast’s forests, wetlands and wildlife habitant, the government is slowly seeking to destroy the local community. Conservatives will agree that the best way of protecting the environment is by setting aside a portion of some indigenous scenery and protect it from encroachment[3]. However, encroachment is still a biting problem and the recent statements by the authorities only heighten the environmental issues at hand. Legal processes and issues have arisen with groups...
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...Resource Policy Management Historians have suggested that a significant environmental policy was implemented in the 1960s and 1970s in part because the political climate was ripe with a supportive public and leaders who were willing to act. By the 1980s, the political climate in the United States (U.S.) changed and while public support for environmental protection remained high, it was countered by an increasing concern for the economic burdens of an environmental policy. Since the 1980s, numerous efforts have been made at the federal level to roll back environmental laws. The rollbacks that directly impact forest resource management include the National Forest Management Act (NFMA), which was rolled back by the Bush administration in 2004. This Act mandated that plans for renewable resource management be drawn up for every national forest. In 2005, the Bush administration repealed the roadless rule by which 58.5 million acres of U.S. land was put off-limit for further road construction or maintenance. In questioning why, the following background information may be useful. To be brief, the Roadless Area Conservation Rule (Roadless Rule) was issued during the final days of the Clinton administration to highlight the importance of roadless areas for national forest management purposes. Supporters praised the rule for “protecting the biodiversity and ecosystem health” (Holt, 2001) of these unspoiled lands. In contrast, timber companies, among...
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