Introduction.(a) The problems of extra-territoriality and corporate status in preventing claimants from obtaining adequate compensation for loss or damage arising out of environmental torts.(b) The limitations on environmental regulation imposed by obligations imposed by membership of the WTO. PART ONE. ENVIRONMENTAL PROTECTION AND FREE TRADE.Chapter 1. Trade and Environment within the WTO (1). GATT.
Initial inconsistency. Articles 1, III, X1PPMs and extra-territorial measuresExceptions. Articles XX and XXIArt XXIII and GATT compliant measures.Chapter 2. Trade and environment within the WTO (2). The side agreements.The TBT agreementThe SPS agreementGMOs and the Biotech disputeThe GATS, TREMS and TRIPS agreementsChapter 3. Trade and environment within the WTO (3).
The relationship between the WTO agreements and Multilateral Environmental Agreements (MEAs).- CITES (1973)- Montreal Protocol (1987)- The Basel Convention (1989)- The Rotterdam Convention (1998)- Kyoto Protocol (1999)Chapter 4. Trade and the environment within the EC.1. Quantitative Restrictions on imports and exports. Articles 28 and 29.2. Harmonisation.
Internal Market art.95. Environment. Public Health.Pre-emption3. The two justifications for violating arts.28 and 29Rule of reasonArticle 304. Proportionality5.
Distinctly and indistinctly applicable measuresExtra territoriality6. Member State autonomy as regards TREMS.7. Non-compliance. Who may sue?PART TWO.ENVIRONMENTAL PROTECTION AND THE RIGHTS OF INVESTORSChapter 5. Treatment of investors under general international law and under the WTO GATS agreement.(a) Investor protection and customary international law(b) Investor protection and the European Convention on Human Rights.
Article 1 of the First Protocol.(c) Investor protection and US takings lawChapter 6. Treatment of investors under NAFTAThreshold issues of definitionArticles 1102 and 1103 - National Treatment and Most Favoured Nation PrinciplesArticle 1105 - Treatment in accordance with international lawThe FTC InterpretationArticle 1106 - Performance requirementsArticle 1110 - ExpropriationConflicts between different NAFTA provisionsPART THREE.ENVIRONMENTAL PROTECTION AND THE OBLIGATIONS OF INVESTORSChapter 7. Jurisdiction.(a) English lawJurisdiction under the 1968 Brussels Convention and EU Regulation 44/2001.The role of forum non conveniens under English law. Thor Chemicals v Ngcobo, Connelly v RTZ, Cape v Lubbe.
(b) US lawForum non Conveniens.The Bhopal case.The Alien Tort Claims Act 1789. Aguinda v Texaco. Chapter 8. Liability in tort for environmental damage.(a) English lawPrimary liability in negligence.Vicarious liability in negligence.
Piercing the corporate veilHuman rights claims(b) US lawPrimary liability in negligence.Vicarious liability in negligence. Piercing the corporate veil. The alter ego and agency theories.Applicable lawClaims under the Alien Tort Claims Act 1789(d) Reform proposals.Foreign direct liability bills in Australia and the US.9. International conventions on civil liability for environmental wrongs(a) the Maritime Conventions on oil pollution.
Marine PollutionThe CLC and the FundThe 1992 ProtocolsThe US solution. 1990 OPAProblem areas. Quantification of damage.State as environmental trusteeEcological restorationSpatial limits of CLCMarine Protected areas and Marine Common spacesNon tanker oil spills2001 Bunker Oil Pollution ConventionHNS pollutionRegulation. Port State Control.(b) Conventions on the carriage of waste and hazardous substances.The 1999 Protocol to the 1989 Basel Convention, the 1996 Convention on the Carriage of Hazardous and Noxious Substances(c) Voluntary codes.The OECD Guidelines for Multinational Enterprises.
The role of public opinion in improving corporate environmental performance. CONCLUSION.