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2013 | Buch

Global Approaches to Site Contamination Law

verfasst von: Elizabeth Brandon

Verlag: Springer Netherlands

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Über dieses Buch

The book describes the complex and variable laws addressing site contamination, reviewing existing international, regional and national law of relevance to site contamination. It also offers detailed case studies of national approaches to the issue, and goes on to explore avenues for promoting the development of comprehensive domestic laws on site contamination, with a focus on the role of international law and actors. A detailed discussion analyzes such variations as a binding international legal instrument, a non-binding instrument, and a model framework for site contamination management. The text includes recommendations regarding the key elements needed for regulating site contamination at the national level. The author also offers an appropriate and feasible timetable for international action to promote better national law and policy regarding contaminated sites.

Inhaltsverzeichnis

Frontmatter
Chapter 1. Introduction
Abstract
This chapter introduces the subject of site contamination, firstly in the broader context of environmental law and then in its own right. It traces the development of environmental law over time, and the more recent emergence of, and responses to, the site contamination issue. The reasons for particular legislative approaches to the issue, and how these have developed over the past few decades, are briefly discussed. This chapter considers the terminology of site contamination, and how it can be distinguished from similar and/or closely related issues such as soil pollution and brownfields.
Elizabeth Brandon
Chapter 2. The Nature and Extent of Site Contamination
Abstract
This chapter compares the levels of public awareness of site contamination among developed and developing countries. It examines possible reasons for inaction on the issue in some countries, and briefly explains why an international approach to site contamination is needed. The common sources and effects of site contamination, and its extent and prevalence across the world, are discussed in detail. Common approaches to remediation are also discussed, and progress that is being made worldwide in identifying and, where necessary, remediating potentially contaminated sites. Economic considerations often influence the regulatory approach to site contamination, and these are identified. Historical approaches to regulating site contamination, as well as modern regulatory trends, are examined.
Elizabeth Brandon
Chapter 3. Current International Law Relating to Site Contamination
Abstract
This chapter contains a detailed review of international, regional and bilateral law of relevance to site contamination, whilst noting that no binding international instrument exists on the issue. There is a particular focus on legal and policy developments in the areas of environmental protection, soil protection, chemicals and hazardous waste, state responsibility and civil liability. Comparisons and lessons are drawn from this review so as to inform the discussion of a possible international approach to site contamination in later chapters.
Elizabeth Brandon
Chapter 4. National Site Contamination Law
Abstract
This chapter describes the range of national approaches to regulating site contamination. It categorises these into countries with extensive, specific laws on the issue, those with limited, specific laws, and those with no specific laws. This is followed by the identification of key regulatory trends, as well as issues that have emerged and factors that have influenced the development of site contamination law over time. The chapter contains detailed case studies of the regulatory approaches to site contamination in four jurisdictions (Germany, the United States, Massachusetts and British Columbia), highlighting particularly innovative features of each.
Elizabeth Brandon
Chapter 5. Responsibility for Site Contamination
Abstract
This chapter examines the importance of including a strong liability framework in any national legislation for site contamination. It considers the elements commonly used in national liability frameworks, identifying the advantages and disadvantages of each. The discussion refers to concepts such as strict liability, polluter pays, joint and several liability and proportionate liability. The merits of the traditional ‘command and control’ approach and the more recent ‘voluntary cleanup’ approach are compared. The problem of funding the remediation of ‘orphan’ sites is also considered.
Elizabeth Brandon
Chapter 6. Promoting National Site Contamination Law: The Challenge of Harmonisation
Abstract
Based on the review of international law and national laws relating to site contamination in earlier chapters, this chapter considers the need to promote specific legislation on the issue at the domestic level. The conclusion is drawn that existing ‘site contamination law’ does not adequately cover all aspects of site contamination management. In addition, recent changes in the approach to remediation in some countries (e.g., voluntary and ‘privatised’ cleanups, and contaminants remaining on-site) necessitate a comprehensive national framework. The case for harmonisation is considered in detail, in particular whether it is both appropriate and feasible to promote a harmonised approach to site contamination. Various types of harmonisation are identified, with reference to specific initiatives for legal harmonisation on other environmental issues.
Elizabeth Brandon
Chapter 7. An International Response to Site Contamination
Abstract
This chapter examines the feasibility of developing an international instrument on site contamination, whether in binding or non-binding form. It discusses the notion of ‘common concern’ and similar concepts, with reference to site contamination and other environmental issues. Particular attention is paid to the reasons why binding global agreements have been achieved for some environmental issues, but not others, and the lessons to be drawn from this. The appropriate form and content of a possible international instrument on site contamination are discussed. The prospects of such an instrument are considered, and recommendations are made as to the most practical approach to be taken at the global level.
Elizabeth Brandon
Chapter 8. Alternatives to International Law – Other Means of Promoting National Site Contamination Law
Abstract
This chapter looks at the alternatives to international law that may be pursued in order to promote better site contamination laws at the national level. Specific options for reforming national laws are considered, such as through the aid policies of lending institutions, international standards, voluntary codes of practice, and a possible model law on site contamination. Examples of some of these options are provided in short case studies, and the advantages and disadvantages of each option are discussed with specific reference to site contamination. A comparative evaluation is then made of all options.
Elizabeth Brandon
Chapter 9. Recommended Features of a Model Law on Site Contamination
Abstract
This chapter contains a discussion of the scope and recommended features of a model law on site contamination, which could be used primarily by developing countries but also by countries wanting to improve their existing legislation on the issue. The need for specific legislation and a universal definition of ‘site contamination’ are identified. The key elements of a comprehensive legal framework are also identified, including all the procedural steps of site identification, investigation, assessment, and remediation. The allocation of liability for site remediation is another key feature, as is the use of scientific standards throughout the site management process. There is an emphasis on the need to retain flexibility in the model law, to take into account and adapt to local conditions. ‘Optional’ elements of the model law are therefore also discussed.
Elizabeth Brandon
Chapter 10. Conclusions and Recommendations
Abstract
This chapter summarises, and draws conclusions from, the main body of the book. It concludes that there is a lack of international law or policy on site contamination, and that national legislation often falls short of dealing comprehensively with the issue, if at all. The scale of the site contamination problem, particularly in countries undergoing rapid industrialisation, means that clear guidance on an effective regulatory approach is urgently needed. In this context, an appropriate solution may be legal harmonisation, whether through a binding international instrument, a non-binding instrument, informal avenues, and/or the promotion of a model law on site contamination. The prospects of these options are summarised, and recommendations are made as to further action and timeframes.
Elizabeth Brandon
Backmatter
Metadaten
Titel
Global Approaches to Site Contamination Law
verfasst von
Elizabeth Brandon
Copyright-Jahr
2013
Verlag
Springer Netherlands
Electronic ISBN
978-94-007-5745-5
Print ISBN
978-94-007-5744-8
DOI
https://doi.org/10.1007/978-94-007-5745-5