Environmental Pollution Control : An Introduction to Principles and Practice of Administration : An Introduction to Principles and Practice of Administration - J. McLoughlin

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Environmental Pollution Control : An Introduction to Principles and Practice of Administration

An Introduction to Principles and Practice of Administration

By: J. McLoughlin, E. G. Bellinger

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Hardcover | 1 March 1993

At a Glance

Hardcover
288 Pages

Dimensions(cm)
24.77 x 15.88 x 1.91

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$404.80

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This work is written for those who seek effective ways of controlling environmental pollution. Indeed, many developing and East European states look to the experience of the United States and Western Europe. This book does not, however, concentrate on any one system of control or control laws, but succeeds in introducing the exact nature of pollution problems and the variety of ways in which effective control and management have been achieved. Rather than advocate a ready-made system, lessons are drawn for example from the U.K., U.S.A., Sweden, Denmark, France, Germany and New Zealand, and instructive legislative samples are reproduced, the place of international obligations being clearly marked out. The skilful and wide-ranging comparative approach adopted renders this handbook yet more valuable, based as it is on the premise that a control system is better if it is built on existing institutional and legal structures. The book will interest all who advise on environmental matters on a daily basis, particularly senior administrators, policy makers, institutions, legal advisers and researchers.

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Preface
Environmental Pollution	p. 1
Environmental Change	p. 1
Scope of the Term 'Pollution Control'	p. 4
Pollution Damage	p. 7
Objectives of Pollution Control	p. 9
Systems of Administration	p. 21
Necessary Elements of a System of Control	p. 21
Systems of Control	p. 22
The Policy Makers	p. 23
The Administration	p. 23
Enforcement Process	p. 24
Safeguards for the General Public	p. 29
Democracy and Justice	p. 32
Safeguards Against Corruption	p. 34
Integrated Systems of Control	p. 35
System of Internal Departmental Controls	p. 38
Control by Independent Authority	p. 40
The Choice Between the Two Main Systems	p. 41
Other Systems of Control	p. 43
Techniques of Control	p. 47
Purposes of Control Measures	p. 47
Objectives and Standards	p. 48
Product Standards and Performance Standards	p. 50
Classification of Controls	p. 54
The Contribution of Economic Instruments to Environmental Management	p. 54
Administrative Controls	p. 63
Legal Controls - Civil	p. 67
Legal Controls - Criminal	p. 69
Enforcement	p. 99
Forms of Enforcement	p. 99
Powers and Duties of Authorities Enforcing Criminal Provisions	p. 99
Special Powers of Enforcement Officers, and Necessary Safeguards for the Operator or Discharger	p. 103
Civil Liability	p. 105
Pollution Control and Civil Liability	p. 105
Standards Applied in Civil and Criminal Liability	p. 106
Forms of Civil Liability	p. 107
Criteria Appropriate to Liability for Pollution Damage	p. 109
Damage from Unattributable Sources	p. 112
Environmental Damage - Willing and Competent Plaintiffs	p. 114
Limitations on Liability	p. 122
Rights of Individuals	p. 131
Nature and Sources of Individual Rights	p. 131
Right to Information	p. 134
Right to Submit and have Considered Objections and Representations	p. 138
Appeals	p. 138
Private Prosecutions	p. 141
Actions Against the Control Authorities	p. 142
Polluter Pays Principle	p. 145
Meaning and Scope of the Polluter Pays Principle	p. 145
Compensation for Pollution Damage	p. 148
Exceptions to the Polluter Pays Principle	p. 150
Application of the Principle in Practice	p. 151
Scope of the Polluter Pays Principle	p. 152
The Polluter Pays Principle - Policy and Practice	p. 155
International Obligations	p. 157
Introduction	p. 157
The Sources of International Law	p. 158
Transnational Administrative Law	p. 159
The Definition of Pollution at International Law	p. 161
General Principles of International Environmental Law and the Problem of International Responsibility	p. 162
The Types of Pollution	p. 167
Regional Approaches to Marine Pollution	p. 174
Global Warming and Ozone Depletion	p. 177
Environmental Policies of the EC	p. 178
Conclusion	p. 179
Appendix A : United Kingdom	p. 181
Type of Constitution	p. 181
Legislation	p. 182
Administration of Pollution Controls	p. 183
Public Watchdogs	p. 184
Appendix B : United States of America	p. 185
Type of Constitution	p. 185
Legislation	p. 186
Administration of Pollution Controls	p. 186
Work of the Environmental Protection Agency on Standards and Controls	p. 191
Control of Pollution of the Atmosphere	p. 192
Appendix C : Sweden	p. 195
Type of Constitution	p. 195
Legislation	p. 196
Administration of Pollution Controls	p. 197
Research	p. 199
Appendix D : Denmark	p. 201
Type of Constitution	p. 201
Legislation	p. 202
Administration of Pollution Controls	p. 202
Appendix E : France	p. 205
Type of Constitution	p. 205
Jurisprudence	p. 206
Administration of Pollution Controls	p. 206
Integrated System of Control for Certain Classified Installations	p. 209
Appendix F : Federal Republic of Germany	p. 211
Type of Constitution	p. 211
Legislature	p. 211
Administration	p. 213
Judiciary	p. 215
Forms of Control	p. 217
Appendix G : New Zealand	p. 221
New Zealand Environment Act	p. 221
Parliamentary Commissioner for the Environment	p. 221
Ombudsman	p. 224
Appendix H : Examples of Existing Legislative Provisions	p. 225
Enforcement and Improvement Notices	p. 225
Control, Prohibition and Stop Notices and Orders	p. 227
Freedom of Information	p. 229
Obligation to Consult	p. 238
Index	p. 241
Table of Contents provided by Blackwell. All Rights Reserved.

Environmental Pollution Control : An Introduction to Principles and Practice of Administration

An Introduction to Principles and Practice of Administration

At a Glance

Hardcover

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