PROPOSALS FOR THE AMENDMENT OF THE NEW CIVIL CODE ARISING OUT OF THE FAILURE TO MEET THE REQUIREMENTS OF ENVIRONMENTAL PROTECTION

Appeared with the declared intention to ”meet the requirements of a dynamicpresent”, by: “the newly promoted solutions, the revision of some classical institutions oremphasis on certain internationally recognized principles, not implemented in the Romanianspace yet”, the new Civil Code does not seem to integrate the environmental and relatedissues in the dynamics of the present. Moreover, except for some modest norms – such as art.539 par. 2 which includes in the category of movables “the electromagnetic waves or thoseassimilated to them, as well as the energy of any kind” and art. 603 which provides theobligation of the owner to “observe the tasks concerning the protection of the environmentand the action of ensuring good neighbourhood” – nothing entitles us to assert that the newCivil Code “makes valuable use of provisions of European law instruments”. It is known thatthe basic treaties of the European Union – the Treaty on European Union and the Treaty onthe Functioning of the European Union – in numerous articles, establish the sustainabledevelopment of Europe and of the planet, the promotion of solidarity between generations anda high level of protection and enhancement of the quality of the environment as primaryobjectives of the European Union. This is the reason why art. 11 TFEU imposes that“environmental protection requirements must be integrated into the definition andimplementation of the Union policies and activities”

Environmental Toxicology: The legacy of Silent Spring

The transcript of a Witness Seminar held by the Wellcome Trust Centre for the History of Medicine at UCL, London, London, on 12 March 2002. First published by the Wellcome Trust Centre for the History of Medicine at UCL, 2004.©The Trustee of the Wellcome Trust, London, 2004.All volumes are freely available online at: www.history.qmul.ac.uk/research/modbiomed/wellcome_witnesses/Annotated and edited transcript of a Witness Seminar held on 12 March 2002. Introduction by Dr John Clark, St Andrews.Annotated and edited transcript of a Witness Seminar held on 12 March 2002. Introduction by Dr John Clark, St Andrews.Annotated and edited transcript of a Witness Seminar held on 12 March 2002. Introduction by Dr John Clark, St Andrews.Annotated and edited transcript of a Witness Seminar held on 12 March 2002. Introduction by Dr John Clark, St Andrews.Annotated and edited transcript of a Witness Seminar held on 12 March 2002. Introduction by Dr John Clark, St Andrews.Annotated and edited transcript of a Witness Seminar held on 12 March 2002. Introduction by Dr John Clark, St Andrews.The period immediately following the Second World War brought great hopes of continuing benefits from widespread use of organo-chlorine and organophosphorus insecticides and other pesticides whilst the health risks of pre-war and other later practices were largely ignored. Rachel Carson’s Silent Spring (1962) coincided with the adoption of a more cautious approach to the use of pesticides, and the ensuing decades have been characterized by continued identification of both natural and man-made hazards and consequent efforts to minimize risk. ‘Environmental toxicology’ has no firm boundaries, encompassing as it does such diverse areas as the health risks of passive smoking, asbestos, lead, radon, air-borne particles, and accidental release of toxic chemicals (‘chemical incidents’), some of which still await resolution. Chaired by Professor Tony Dayan, this Witness Seminar brought together many of those who helped shape understanding in this area – 40 years after the publication of Silent Spring. Christie D A, Tansey E M. (eds) (2004) Environmental toxicology: The legacy of Silent Spring, Wellcome Witnesses to Twentieth Century Medicine, vol. 19. London: The Wellcome Trust Centre for the History of Medicine at UCL. ISBN 978 085484 0915The Wellcome Trust Centre for the History of Medicine at UCL is funded by the Wellcome Trust, which is a registered charity, no. 210183

The development of Environmental Salvage and the 1989 Salvage Convention: the proposed amendments to the 1989 Convention and the issues regarding the assessment of Environmental Salvage Awards.

Master of Laws in Maritime Law. University of KwaZulu-Natal. Durban, 2017.The International Salvage Union (ISU) believes that it is time to reconsider its provisions and amend the 1989 Salvage Convention to create a separate and distinct environmental salvage award. ISU is of the opinion that the present systems under the 1989 Salvage Convention and SCOPIC do not provide proper recognition of the salvor’s efforts in protecting the environment. For a long time, salvage was concerned with the principle of no cure no pay. In order to overcome this the 1989 Convention introduced the salvor’s skill and effort to minimize or prevent damage to the environment as a criteria for fixing rewards in terms of Article 13; and Article 14 which allows for a special compensation to be paid even where no property was saved provided there were efforts to protect the environment. Due to difficulties with Article 14 SCOPIC was introduced, which is a clause that can be incorporated under the LOF. This dissertation will critically analyze the ISU’s proposed amendments of the 1989 Salvage Convention and to consider whether this should be incorporated into the South African Wreck and Salvage Act, 1996

Ghana’s Quest for Oil and Gas: Ecological Risks and Management Frameworks

Ghana discovered commercial oil and gas in 2007, and, subsequently, commenced production in the last quarter of 2010. In the light of the potential economic boost that will accompany petroleum production, its discovery was welcome news for Ghanaians. However, oil exploration and production involve several activities that can have detrimental impacts on the ecosystem. In this paper, the potential sources of pollution in the upstream sector of the oil and gas industry and their effects on the environment are discussed. Also discussed are existing national environmental management legislations in the extractive industry, and the implementation and enforcement challenges these regulations face. Strategies to curtail the effects of oil and gas development on the ecosystem are also put forward. These include the need for government to formulate petroleum industry-specific environmental protection guidelines and appropriate regulatory frameworks. Such regulations in managing the environment should employ an integrated approach involving (i) prescription of environmental codes and setting of standards by government to be met by operators, and (ii) the need for oil companies to develop environmental management system (EMS) to ensure that they operate within the environmental standards for the industry. Administrative and institutional restructuring and reforms, as well as the provision of the necessary financial and human resources for the various environmental agencies, should be encouraged to ensure effective implementation,  enforcement and monitoring

China?s Development Strategy and Energy Security: Growth, Distribution and Regional Cooperation

This paper analyses both global and regional approaches to solving problems of energy security and ecological imbalance by addressing specifically the problems of China?s energy security. China?s growing energy dependence has become a major concern for both economic and national security policymakers in that country. The ambitious goal of modernization of the economy along the lines of the other newly industrialized economies (NIEs) of Asia has succeeded only too well, and it is difficult to reorient economic priorities. If examined rigorously, such an economic strategic assumption can be seen to entail the goal of creating further technological capabilities. In particular, China seems to be firmly committed to the creation of a largely self-sustaining innovation system as part of a knowledge-based economy of the future. Such innovation systems, called positive feedback loop innovation systems or POLIS have been created by advanced countries, and NIEs such as South Korea and Taiwan are proceeding to create these as well. But this will add to its energy burden and further dependence on the US as the power which controls the key sea lanes. Only a strategic reorientation to building a self-sustaining POLIS and appropriate regional cooperation institutions can lead to the way out of the current dilemma for China. Fortunately, such a model of POLIS which is distributionally and ecologically sensitive can be built for China and applied strategically to lead towards a sustainable development trajectory. ...China, development strategy, energy, environment, POLIS, innovation system, regional cooperation

Marine pollution damage in Australia: implementing the Bunker Oil Convention 2001 and the Supplementary Fund Protocol 2003

The grounding of the bulk carrier Pasha Bulker on Nobbys beach, Newcastle in June 2007 has again highlighted the risk from shipping posed to Australia’s extensive and environmentally fragile coastline. Whilst a pollution incident was averted in this case, spills from shipping in other states (such as the Nakhodka spill off Japan in 1997, the Prestige spill off France in 1999, the Erika spill off Spain in 2003 and the Hebei Spirit spill of South Korea in 2007), have required the constant monitoring and updating of the international regulatory regimes designed to prevent such incidents occurring and to provide compensation when they nevertheless do occur. Two recent additions to this international regulatory system are the Protocol on the Establishment of a Supplementary Fund for Oil Pollution Damage 2003, (the “Supplementary Fund Protocol 2003”) and the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (“the Bunker Oil Convention 2001”). In 2008, Australia gave effect to these instruments, enacting the Supplementary Fund Protocol via the Protection of the Sea Legislation Amendment Act 2008 (Cth), while the Bunker Oil Convention is given effect through the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 (Cth), and the Protection of the Sea (Civil Liability For Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 (Cth). The purpose of this article is to analyse these international instruments, describe how they came about, and explain the Australian implementation of them. In particular, consideration is given to the question of limitation of liability, especially the relationship between bunker pollution claims and the Convention on Limitation of Liability for Maritime Claims (LLMC) 1976, as amended in 1996