Hostname: page-component-586b7cd67f-l7hp2 Total loading time: 0 Render date: 2024-11-28T17:16:32.788Z Has data issue: false hasContentIssue false
  • English
  • Français

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
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

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.