Q4.1: (a) Does Boyd consider Canada to be a leader in environmental protection, or a laggard? (b) Why does he suggest that this should be surprising? (c) State briefly in your own words two weaknesses of environmental law in Canada. (d) What might an ultimate cause of these weaknesses? Answer: (a) Boyd does consider Canada to be a laggard in environmental protection with all the potential to be a leader. Canada’s environmental record is compared to 28 other industrialized nations, with performance tracked for over two decades. Using 5 indicators in 10 broad categories, overall Canada is amongst the 3 worst countries with one of the dirties economies in the industrialized world. (b) He suggests that Canada being ‘laggard’ is rather surprising…
The above mentioned points are discussed in details as follows. (a) Nuisance – In the words of R.N.D. Hamiton “ the deepest doctrinal roots of modern environmental law are found in the common law principles of nuisance. It may be caused through escape of water, filthy liquid or substances, smokes, fumes, gas, noise, heat, vibrations, electricity, disease, bacteria, trees, etc”. Literal meaning of nuisance is anything that annoys, hurts or offends, but for an interference to an actionable…
Environmental Law is something that the USA once pioneered on and then slowly began to fall behind on. Environmental Law may not be one of the oldest type of laws but it is one of the most complex. There are laws that are then regulations that are controlled and fulfilled by an agency. There are many steps, layers and systems that make it a difficult area to comprehend and learn. On top of that the world is changing and science is evolving making changes more prevalent and seen as vital.…
This essay will explain one of the U.S. environmental law. Summarizing major provisions as well as the economic impact of the law. The effect of global warming will be explained as well as weather the U.S. should adopt additional policies to curb greenhouse gas emissions. The Clean Water Act This paper will discuss the Clean Water Act. The law also known as the Federal Water Pollution Control Act, was initially passed in 1948. It was expanded in 1972, becoming the Clean…
on the environmental damages currently taking place in our society as a result of “environmental racism”. One thing I found out was the level at which underdeveloped countries were being treated as a dumping ground for chemical waste in the world today. Environmental racism, which constitutes uneven exposure to hazards and the methodical exclusion of society from environmental and ethical assessment pose a serious threat to poor communities because they have long been unreasonably exposed to…
from said distributor, mutual environmental laws of both the domestic and exported countries, marketing advantages from said…
Chapter 14 for the Cali textbook. This chapter focuses on environmental law. In the beginning of the chapter the author talks about how international treaties play a role in environmental protection. There are two types of treaties that focuses on environmental law. The first treaty is global and issue-specific and the second is a regional regulatory treaty. Each treaty is involved in international relations and they each have their own importance. Later, in the chapter the author introduces us…
In a city that prides itself on being an environmental example to the world — from its throngs of bike commuters to its antisprawl development rules — the moss study results roared, producing an upheaval of surprise, anger and fear. Residents shouted or wept in public meetings last month, raging at state officials, who released the results and then found themselves blamed for not knowing what the factories were putting up their smokestacks. On Tuesday, the director of Oregon’s Department of…
Discussion: A court will likely conclude that the condition that our client maintains on her property is a natural condition and therefore does not constitute an attractive nuisance. Under the attractive nuisance doctrine, a possessor of land is subjected to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land. Norton v. Black. A possessor of land is not subjected to liability for physical harm to children trespassing thereon cause by a…
Taking a series of environmental protests against paraxylene (PX) projects as an example, this essay aims to explore the role of Chinese citizens in environmental governance. To be specific, this essay seeks to address these questions: How does Chinese public make use of available means to influence decision making about the environmental issue? To what extent does the public participation contribute to good environmental governance in China? What are limitations of current citizen participation…