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The Effect of Economic Integration on Environmental Standards

Published online by Cambridge University Press:  28 February 2017

Joel R. Paul
Joel R. Paul*
Affiliation:
Washington College of Law, The American University
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Abstract

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Type
The New New International Economic Order
Information
Proceedings of the ASIL Annual Meeting , Volume 87 , 1993 , pp. 470 - 477
Copyright
Copyright © American Society of International Law 1993

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References

1 Case 380/87, Enichem Base S.p.A. v. Municipality of Cinisello Balsamo, 1989 O.J. (C207) (holding that the 1975 Directive on Waste does not prevent a commune from banning nonbiodegradable plastic trash bags).

2 Case C–300/89, Commission v. Council, 1991.

3 Case C–155/91, Commission v. Council, 1993.

4 Case C–263/01, 1992 O.J. (C263) 1.

5 For example, the lumber milling industry in the northwest United States is primarily composed of small, family-owned mills scattered throughout northern California, Oregon, Washington and Idaho. These mills are notoriously under-regulated, in terms of both air quality controls and occupational safety standards. by comparison, the U.S. automobile industry, which is highly concentrated, is therefore closely regulated, and enforcement is generally quite effective.

6 A good example of this is the Supreme Court’s decision in The Bremen v. Zapata to enforce the parties’ foreign choice of forum clause, even where the foreign forum would apply an otherwise illegal exculpatory clause that excused a towboat operator from liability for its own negligence at sea. Had the Court insisted that a U.S. court hear the case, it would have foreclosed one avenue for escaping U.S. jurisdiction, and by doing so, it would have provided a higher level of protection against environmental damage at sea.