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Policy and Legal Aspects

Published online by Cambridge University Press:  28 February 2017

Robert E. Stein
Affiliation:
North American Office, International Institute for Environment and Development
John L. Hargrove
Affiliation:
American Society of International Law

Abstract

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Type
International Environmental Protection: Policy, Legal, and Trade Aspects
Copyright
Copyright © American Society of International Law 1977

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References

1 See, for example, Stein, ed., International Responsibility for Environmental Protection, (in Press, 1977) Schneider, Note, “New Perspectives on International Environmental Law”, 82 Yale L.J. 1659 (1973).

2 See Bilder, The Settlement of Disputes in the Field of the International Law of the Environment, 144 Rec. des Cours 139 (1975). See generally, J.L. Hargrove, ed., Law, Institutions and the Global Environment (1972).

3 Sohn, The Stockholm Declaration on the Human Environment, 14 Harv. Int'l L.J. 423 (1973).

4 Id.

5 See Hargrove, ed., Who Protects the Ocean? (1975).

6 Revised Single Negotiating Text, UN Doc. A/CONF.62/WP.8/Rev, 1, May 6,1976, Part 3, Art. 2 (hereinafter RSNT).

7 Id.

8 Id, Art. 21.

9 Id, Art. 17.

10 Done, February, 1974.

11 P.L. 94-265, 90 Stat. 311, 15 U.S.C.§ 1801 et seq., 15 ILM 636 (1976), Mexico, Canada, Norway, Iceland as well as other states have also enacted protective legislation.

12 See Mitchell, Antarctica: A Special Case, 73 New Scientist, (No. 1034) 64 (Jan. 13, 1977), who estimates the potential annual catch at “at least 50 million metric tonnes.” The 1974 world catch was just under 60 million metric tonnes.

13 Most recently Sweden and Norway prepared a joint theme paper on the subject for the UN Water Conference. UN Doc. E/CONF. 70/TP 106 (1977).

14 The event was the Cherry Point Oil Spill. One of the results of this spill has been the development in 1974 of oil spill contingency plans.

15 See RSNT, Part 3, Art. 44.

16 Draft report of Committee II of the UN Water Conference. UN Doc. E/ CONF.70/L.5/Add.4, para 6 (1977).

17 See Council on Environmental Quality, Annual Report for 1974 at 399-400. This view was furthered by a CEQ memorandum in September 1976 which put forward the view that the National Environmental Policy Act applied to all U.S. decisions affecting the environment wherever the effect.

18 Wilderness Society v. Morton in which a Canadian group intervened.

19 Convention on the Protection of the Environment, Feb. 19, 1974, 13 ILM 591 (1974).

20 The CEQ Annual Reports list such developments for Australia and Canada (1974 at 400), France and Japan (1975 at 654). Both reports indicate interest in the process shown by a number of other countries.

21 See, for example, the 1974 Guidelines of the International Bank for Reconstruction and Development. Other agencies with environmental assessment programs include the UN Development Program, the Organization of American Statés, and the UN Industrial Development Organization. Recently, the Agency for International Development indicated it was undertaking a review of the environmental impact of its activities abroad.

22 RSNT, Part 3, Art. 16.

23 See note 16, supra, para 9(a).

24 See Final Act of the Conference of Plenipotentiaries of the Coastal States of the Mediterranean Region for the Protection of the Mediterranean Sea, with Conventions and Protocols, Barcelona, 2-16 February, 1976.