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University Degree: Environmental Law

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  1. Critically discuss and explain how law and policy endeavours to protect the environment

    Environmental protection has come to the front of many political and public environmental programmes as a result of world events10 and pressure groups.11 Whilst SD appeared on the agenda at the Stockholm Conference,12 the Brundtland Report identified the possibility of appeasing those who had environmental protection near the top of their policies, as opposed to those who regarded it less important, when compared to economic development. As a concept, SD is nothing new13 and can be divided into two approaches: Sustainable Economic Development aiming to give successive generations no less capital than that enjoyed by the present generation and providing

    • Word count: 3076
  2. Evolution and Implementation of International Environmental Law

    Third generation rights were first considered and discussed in the Stockholm Principles and include most importantly the right to the healthy environment and the right to the development (Turgut 2007). Another serious issue that is raised by the concepts of safe environment is the idea of sustainable development to be adopted by the states. Sustainable development is identified as the wise use of existing resources and progression of development without jeopardizing the future development of succeeding geenrations (Stec 2010; Stec and Casey Lefkowitz 2000; Turgut 2007).

    • Word count: 1590
  3. The Environment and Politics

    Agency for International Development suggested (The Golf War, dir. Jen Schradie). This poses a conflict because there exists two different ways to handle the same land. To the U.S. Agency, the farmland and area around it is something that can be used for tourism - a way of getting money; whereas farmers and citizens are concerned about the destruction of the land and what they currently use it for - crops, for example. If the land is to be used for tourism, the citizens (especially farmers)

    • Word count: 1536
  4. Polluter Pays Principle

    is unclear by inferring characteristics of one text onto another; forensic linguists look for markers not just in the words themselves but also in the grammar. This is done by looking at all linguistic domains such as syntax, lexicography and those mentioned in the introduction, each of these are governed by rules but grammar offers the writer choices which make it distinct. Authorship attribution can be applied to both written and spoken text, due to the vastness of this area this report shall only focus on its application of written text in criminal trials, including confessions and evidence.

    • Word count: 2248
  5. The Analysis and Critique of Animal Factories

    First, Mason and Singer discuss many of the problems that have grown from the transition to animal factories. One of the first topics covered in their book is the extreme change that agriculture has seen since animal factories have grown in number. Mason and Singer state that big farms are getting bigger, while the number of farms is declining. This means that the very few, but largest agribusiness companies have taken control of the market. According to the two authors, the increasingly capital-intensive industry has caused very few firms to gain control of the market. This statement is entirely true and is supported by several statistics and scientific findings.

    • Word count: 1352
  6. ARE THE ENVIRONMENT LAW PRINCIPLES EFFECTIVELY REFLECTED IN GAMBIAN LAWS: DISCUSS

    To achieved the long term goals in order to protect the environment and ensure sustainable development and management of the natural resources, specific operational objectives have been established in relation to capacity building, public awareness, legal , international collaboration and cooperation, policies etc. II Sustainable development is defined by the Brundtland Commission as: "Humanity has the ability to make development sustainable-to ensure that it meets the needs of the present without compromising the ability of future generations to meet their own needs."

    • Word count: 3359
  7. Regulatory controls have proved a useful mechanism for achieving environmental protection, but the time has now come to consider a wider range of powers, and the use of economic instruments by Regulators. Critically analyse this sta

    Unfortunately, polluters with an administrative permit can evade criminal penalties. The rules to be adhered to are laid down in legislation or in a set of requirements published by the regulator effecting certainty with stability (characteristics of the rule of law); and in some cases the registration holds the requirement of a 'Duty of Care' which further demands the regulator's (Environmental Agency) inspection. The regulation-regime being permit-based minimises the adverse effects of pollution in an effective and distinct manner. The drawbacks are that permits giving a limited right to pollute, draw an inflexible and expensive system which lead to higher

    • Word count: 3127
  8. What did the Republic of Hungary require to do, to achieve an effective system of environmental law in preparation of joining the European Union?

    maize. Commission allowed the ban on 18 February this year. Later on, I went to UCL (University Collage London) Library and found extensive resources, most of the books, articles and journals I studied, I found there, including the ENDS Reports and the book Our Common Future which clearly states how poverty and economy is destroying our planet and I used quotations from the later book to start my introduction and to finish my conclusion. Although, I had problems finding cases but eventually I came across International Environmental Law in National Court book, however I had still not found any cases on the failure of Hungary to implement its directives.

    • Word count: 4419
  9. Health and Safety Enforcement and Compliance Strategies

    For the purpose of enforcing compliance, under section 5, schedule 1 of the Interpretation Act 1978 the term 'person' includes a "body of persons corporate or unincorporate". An association may therefore held accountable as a legal person, whether or not this is the case in common law. In the case of a partnership each partner accountable. In order to determine the person responsible, under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 the Local Authority has the power to gain information from a person with an interest in the land in question.

    • Word count: 2714
  10. Report on a Contaminated Land Site

    This will be achieved by finding the most appropriate method do breaking the significant pollution linkage (figure 1). This may be done by removing the contaminant or pathway. Since the proposed land use is already determined the receptor cannot be removed. In this instance the most sensitive receptor is likely to be children since it is proposed to redevelop the site for recreational purposes. Leachability tests show that a high proportion of the cyanide and polycyclic aromatic hydrocarbon compounds present in the samples taken are adversely affecting passing waters.

    • Word count: 1589
  11. the precautionary principle

    of the EC Treaty also provides the principles of EC environmental law stating that: Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken that environmental damage should as a priority be rectified at source and that the polluter should pay. The precautionary principle is the notion that even without scientific certainty no action will be stopped to protect the environment from harm.

    • Word count: 2365
  12. e.u assesment

    From the two concepts listed above it will become apparent if whether the EU falls into the following two categories. A Federal state "a state formed by the amalgamation or Union of previously autonomous or independent sates"4, This advocates a federal system of government similar to that of the United States of America where power is drawn from member states to a central governing authority. Finally intergovernmental structure in which there "a loose association of states retaining sovereign power." A 'supra national' system of government.

    • Word count: 1859
  13. Evaluate the rationale for green direct action and, using empirical examples, assess its effectiveness.

    Therefore, in the first half of this essay I will evaluate why direct action was perceived to be an effective strategy, before addressing the obvious subsequent question of whether direct action was actually effective in the promotion of green aims. Whilst analysing the rationale and effectiveness of direct action is complicated and difficult, what is implied by the term 'green direct action' is hardly straight-forward either because as Dobson (2000: 143) points out, "the politics of these groups varies" and often quite substantially. So as well as variations in tactics and targets; there are variation in ideologies, aims and motivations.

    • Word count: 5494
  14. What is the Purpose of Environmental Law

    Similarly, the Alkali Act 1863[12] intended to place regulation on the condensing of corrosive Muriatic Acid in Alkali Factories ? dangerous to public health; so as to limit its ?nuisance? to the public. Therefore, Victorian environmental law, despite being slow to recognise environmental significance, intended to limit the damage of these ?nuisances?; more to the public that to the environment per se. Later, in common law, ?mere nuisance? transformed to actual concern for the environment itself. There was a change of opinion from tackling pollution that was already present, to trying to prevent the emergence of any new sources in the first place.

    • Word count: 2156
  15. The case of Barr v. Biffa Waste Services1 is a recent case which specifically adjudicates on both the interplay between environmental permits and the common law of nuisance and the application of statutory authority as a defence for nuisance.

    It was held that Biffa Waste did not have statutory authority as in Marcic because Biffa Waste could operate as a purely commercial organisation, unlike Thames Water who was obliged to accept sewage from anyone in their area.[10] Another distinguishing factor is that Biffa Waste did not have any obligations under any statute; the relevant legislation creates obligations for the UK government only and not Biffa Waste specifically.[11] In comparing the two cases Biffa Waste was found to be a commercial provider of a public service working under a ?supervisory regulatory regime?[12] as opposed to an authority obliged to accept obligations provided by statute, and thus could not be said to be authorised by statute.

    • Word count: 3000

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • Evaluate the rationale for green direct action and, using empirical examples, assess its effectiveness.

    "In conclusion, this essay has shown that both the ways in which green direct action groups/individuals perceive direct action to be an effective and necessary strategy, and the ways in which direct action actually can be an efficient course of action are varied and wide-ranging. It is hard to generalise or pinpoint any one particular reason, which explains why, and how direct action is perceived to be a rationale strategy to pursue. However, what I confidently believe can be asserted (in spite of all the calculation difficulties), is that champions of direct action were right to perceive that direct action is a strategy which can be used to effectively accomplish green aims. 1"

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