International Law Application to Transboundary Pollution: Solutions to Mitigate Mining Contamination in the Elk–Kootenai River Watershed

Published: Feb. 23, 2024

The Elk Valley is home to five of the six largest mines in British Columbia, with ongoing plans for further expansion. These headwater coal have contributed selenium pollution freshwater ecosystems transboundary – Kootenai River watershed, evidenced part by $60 million fine imposed on Teck Resources Ltd. under Canada’s Fisheries Act 2021 ‘deposit deleterious substances’. Indigenous communities, including Ktunaxa Nation, and various other organizations both sides border, alongside governments United States, been calling higher standards mining control originating Canada International Joint Commission make recommendations this issue. Two agreements exist between countries that may be relevant here, Boundary Waters Treaty (1909) Columbia (1964). In chapter, these describing potential role are analyzed, along outlining current process organization resolve ongoing, hot-button examples from case law international pertaining used formulate a two-part conclusion form (1) short-term solution effectively communicate facilitate resolution Kootenay watershed; (2) long-term settle future disagreements regarding States.

Language: Английский

---

Ukrainian Reform of State Power Decentralization as a Way to Sustainable Development: Ecological and Legal Aspects

Published: Feb. 23, 2024

The strategic vision of sustainable development for Ukraine is based on ensuring national interests and accomplishing international commitments proceeding to development. Sustainable involves decentralization implementation regional policy, which a harmonious combination regarding ecology. This article aims identify analyze environmental legal components the power in as means provisions. main focus ecological placed land resources. due peculiarities system law (natural resource regulations) Ukraine. highlights additional areas decentralization. It analyzes legislation practice its sphere natural resources reallocation, territorial communities’ demarcation, their planning process. roles cadasters, registers, electronic databases maintaining successful are analyzed. perspectives control also outlined. status financial redistribution process highlighted along with ways subsequent improvement. conclusion suggests improvement accomplish reform.

Language: Английский

---

Environmental Justice and Globalization: Putting a Focus on Indigenous Peoples and Local Community Rights and Perspectives

Published: Feb. 23, 2024

The right to participate in matters of local importance for communities as well Indigenous Peoples are increasingly recognized. This chapter analyses the continuous existence deterrents environmental justice from perspective social leaders who have worked defence and rights Colombia, Peru Chile. argues that community interests relegated a consequence notions development solely based on economic growth. lack proper balance between market-driven vision with perspectives is manifested different obstacles effective participation could also be explained by post-colonial dynamics. research identifies seven particular defenders face make their voices heard, namely: total denial binding mechanisms participation, information transparency surrounding projects significant impact environments, unwillingness State actors supervise extractive industries, access justice, recognition authorities, representatives, deception agreements mining companies bureaucratic practices judicial persecution, stigmatization threats lives leaders.

Language: Английский

---

Foreword - Advances in Environmental Law

Published: Feb. 23, 2024

Foreworded by eminent and high stature legal scientist, Prof. Dr. Anatoly Getman, who is State honoured esteemed Rector of Ukraine’s the only National Law University in name Yaroslav Wise, this book begins dissecting foundations Environmental Law, offering a detailed analysis international domestic frameworks that shape environmental governance. It delves into intricate web treaties, conventions, agreements guide nations their commitment to preserving planet's health.

Language: Английский

---

The Ecosystem Approach in International Environmental Law before the Convention on Biological Diversity

Published: Feb. 23, 2024

The chapter analyses general aspects of the formation and development ecosystem approach in international environmental law before adoption entry into force Convention on Biological Diversity. On grounds thorough complex research encompassing main agreements scientists’ views, it is concluded that issues protection conservation natural ecosystems implementation had already received wide support at level by time, whereas adopted created necessary base for further as a holistic concept under

Language: Английский

---

Convergence of Environmental and Economic Law in the Sphere of Environmental Protection and Natural Resource Management in Ukraine

Published: Feb. 23, 2024

The present chapter analyses the process of convergence environmental legislations and commercial regulations to achieve a balance between ecological economic interests in context natural resource management environment protection. relevance topic is dictated by issues related safety that require using available legal remedies facilitate transformation conventional economy into green economy. By its nature, such an requires multipurpose including (environmental commercial) principles regulation, integrated definition, criteria facts, stimulate greening life. This highlights several problems precede actual law legislation. is, first all, policy State with conceptual strategic foundations. will benefit relevant administration structures calling for administrative restructuring ensure competent Correspondingly, proper organization law-making scientific-legal research critically required. essential aspects regulation management. It characterizes main structural components have common features, delineates specified links course

Language: Английский

---