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Exam 20: Environmental Law

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Question 1

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Consider the ramifications, both legal and ethical, of a U.S. company building a plant in a former Soviet republic that has far less stringent laws pertaining to carbon-dioxide emissions.

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From a legal standpoint, the U.S. compan...

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Question 2

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Environmental issues are generally limited to cross-border pollution such a between the United States and Mexico.

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Most of the developing countries of Africa and Latin America are free from the environmental pollution of the heavily industrialized nations.

Nations have made considerable progress in putting into effect regional agreements for the prevention of marine pollution.

The United Nations has done very little to address the issues of environmental matters due to the individual member nations' desire to advance their economic growth at the expense of pollution.

The World Trade Organization has been successful in imposing the environmental policies of developed nations upon all the developing economies members to enact such policies and compliance.

The "circle of poison" refers to the importation of crops produced in developing nations using pesticides banned in the U.S.

Which major industrialized nation has not ratified the Kyoto Protocol, even though nearly 200 countries have now ratified it?

Under NAFTA's Environmental Side Agreements:

Design a treaty focusin g particularl y o n a mechanis m fo r disput e resolution betwee n th e U.S . an d Canad a address ing th e proble m o f aci d rain.

Due to the influence of chemical industry lobbyists, the United States Congress has no regulations over the export of chemicals to developing nations.

One dispute resolution mechanism used frequently in international disputes over the environment is binding adjudication.

The Basel Convention prohibits shipments of hazardous wastes by a signatory country to a country that has not signed the convention.

Which of the following statements are true about current international environmental conventions?

Before a U.S. firm can export hazardous waste to a foreign country, they must have written consent from that government delivered to the U.S. Environmental Protection Agency.

The Basel Convention on Transboundary Movements of Hazardous Wastes has been adopted by over 150 nations.

The most important aspect of the Basel Convention has been that the signatory nations succeeded in defining what constitutes hazardous waste and therefore gain the acceptance of member nations in enacting strict environmental laws.

Dynatec, Inc. (a U.S. corporation based in New York) engages in oil drilling in Colombia. Indigenous Indian tribes finds that certain rivers and streams have become polluted as a result and that hunting and fishing are adversely affected. A U.S. lawyer brings a lawsuit on behalf of the tribe in federal district court in New York. Dynatec wants the action dismissed, or at least not heard by the federal court in New York. The best bet for the case not to be heard in the federal court in New York would be for the Dynatec lawyer to:

Developing nations tend to oppose extensive international environmental regulation because it impairs their ability to profit from less-sophisticated production techniques.

The Kyoto Protocol has been a resounding success for member nations that are signatories in reaching the quantitative goals.