Environmental Law and Policy in Asia  - Issues of Enforcement

Development and the Environment Series



■ Environmental Law and Policy in Asia - Issues of Enforcement
Edited by Yoshihiro Nomura and Naoyuki Sakumoto
■ 284pp
■ Published in 1997


Preface / Yoshihiro Nomura, Naoyuki Sakumoto


1 An Overview: The Development of Environmental Law in Asian Countries / Yoshihiro Nomura, Naoyuki Sakumoto

1. The Development of Environmental Problems and Environmental Law in Asian Countries
2. The Enforcement of Environmental Law and Problems
3. New Measures for Environmental Conservation
4. Direct and Indirect Control
5. The Integration of Environmental Law and Policy
6. The Reports of the Workshop
7. Air Pollution Related Lawsuits in Japan

PART I Enforcement of Environmental Law in Asian Countries

2 Environmental Law Enforcement in the Philippines / Amado S. Tolentino

Constraints in the Enforcement of Environmental Law
1. Institutional Constraints
2. Statutory Constraints
3. Political and Socio-Economic Constraints
4. Cultural Constraints

3 Enforcement of the Environmental Law in Thailand: A Case Study of Pollution at the lamphun Industrial Estate / Sunee Mallikamarl

1. History and Nature of the Problem
2. Method for Settlement of Dispute
3. The Outcome of Dispute Settlement

4 Roles of the Enforcing Organizations under the Enhancement and Conservation of the National Environmental Quality Act B.E. 2535(A.D. 1992) / Komadet Thongpinyo

1. Organizations Charges with Enforcement
2. The Relevant Enforcement : The Correlation and the Interaction

5 Environmental Law and Its Enforcement in Malaysia: Focus on Environmental Impact Assessment(EIA) Process / Lizuryaty Azrina Abdullah

1. Introduction
2. The State of the Malaysian Environment
3. Environmental Impact Assessment (EIA) in Malaysia
4. Issues Relating to the EIA Process in Malaysia
5. Enhancements to the EIA
6. Conclusion

6 The Enforcement of Environmental Law in Singapore / Lye lin Heng

1. Introduction
2. Overview of Pollution Laws
3. Nature Conservation Laws
4. The Enforcement of Environmental Law
5. Conclusion

7 Environmental Management and Environmental Law Enforcement in Indonesia / Koesnadi Hardjasoemantri

1. Introduction
2. Environmental Management
3. Participation in the Environmental Management
4. Environmental Law Enforcement
5. Conclusion

8 Controlling Industrial Pollution: From Theory to Implementation / Benoit Laplante, David Wheeler, Shakeb Afsa

1. Introduction
2. From Theory to Legislation
3. From Legislation to Implementation
4. Concluding Discussion

PART II Regional and Global Environmental Issues and the Development of Environmental Law and Policy

9 Responding to Oil Spills in the Waters of Southeast Asia / Chia Lin Sien

1. Pattern of Movement of Oil Shipments
2. Spill Incidents in Southeast Asian Waters
3. International Conventions
4. Port State Control in the Asia-Pacific Region
5. Discussion
6. Looking Ahead

The Liability for Transboundary Pollution, and International Law
1. General Principles of International Law
2. Lawsuits Concerning Transboundary Pollution
3. Soft Law
4. International Funds
5. Arbitration Systems
6. Protocols on Liability and Compensation Conclusion

11 The Enforcement of CITIES / Masayuki Kobayashi

1. Background
2. Overview of CITES
3. Enforcement Problems
4. Domestic Implementation Requirements

1. The Concept of Cultural Heritage
2. On the Convention Concerning the Protection of the World Cultural and Natural Heritage
3. Stolen or Illegally Exported Movable Cultural Objects and International Protection

1. Basic Legal Background of Asian Law
2. Economic Growth and Environmental Problems
3. The Changing Character of Environmental Problems Today
4. The Development of Asian Environmental Law
5. The Transfer of Environmental Impact Assessment to Asian Nations
6. Conclusion

1. The ASEAN Agreement on the Conservation of Nature and Natural Resources
2. The ASEAN Strategic Plan of Action on the Environment
3. From Hard to Soft Law

PART III Newly Emerging Environmental Protection Measures and the Implications to Asian Countries

15 Voluntary Efforts and Internationalization in Environmental Management / Hideki Kobayashi

1. Declarations by Industry Sector/Voluntary Action Plans
2. International Standardization of Environmental Management
3. Recent Environmental Regulations and Voluntary Measures

1. International Standardization of Environmental Labeling
2. Environmental Labels
3. Environmental Labels and Trade Issues

17 From Domestic Environmental Rights to Global Environmental Rights / Shoichi Ogano

1. Proposal : From Domestic Environmental Rights to Global Environmental Rights
2. Some Hints from Japanese Law
3. The Challenge

18 Implications for Asian Countries of the United State's Information Disclosure System on Hazardous Chemical Substances: The Effects of the Comuunity-Right-to-Know Act / Akemi Ori

1. Background and Purpose of EPCRA
2. A Description of EPCRA
3. Impacts of EPCRA

The Basic Environmental Ordinance
1. An Overview of the Basic Environmental Ordinance
2. Significance and Features of the Basic Environmental Ordinance
3. Environmental Review System

20 Japan's New Law on Recycling Containers and Packages / Wataru Kusumoto

1. Our Country's Recycling Efforts
2. The Current State of Waste Management and Measures in Japan
3. Background and Necessity for a New Law for Containers and Packages
4. Outline of the New Law
5. The Role Government and Businesses in Creating a Recycling Society

1. Topography of Hadano City
2. Original Impetus for Ground Water Contamination Countermeasures
3. General City-wide Survey
4. Survey to Establish the Cases of Ground Water Contamination
5. Spot Surveys of Surface Contamination
6. The City Surveys
7. Survey Method
8. Decontamination Method