Exam 20: Environmental Law

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Before a U.S.firm can export chemical substances subject to the U.S.Toxic Substances Control Act:

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Developing nations generally favor:

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Nations have made considerable progress in putting into effect regional agreements for the prevention of marine pollution.

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Under NAFTA,the Commission for Environmental Cooperation's Strategic Plan for 2010-2015 states its top environmental priority is:

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A criticism of the revision to the Renewable Fuels Standards in 2014 was that it favored Midwestern-grown corn as a biomass source over more efficient alternatives available in foreign countries,such as sugar cane in Brazil.

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What is meant by the "polluter pays" principle? How is it consistent with free market economics?

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Developing nations tend to oppose extensive international environmental regulation because it impairs their ability to profit from less-sophisticated production techniques.

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Consider the ramifications,both legal and ethical,of a U.S.company building a plant in a former Soviet republic that has far less stringent laws pertaining to carbon-dioxide emissions.

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The "circle of poison" refers to the importation of crops produced in developing nations using pesticides banned in the U.S.

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American law fails to regulate pesticides that are exported to other countries.

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Many developing nations in order to attract foreign investment have decided not to enforce their labor and environmental laws.

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Which of the following is one of the challenges faced by African nations that make it difficult for them to develop and coordinate policies that maintain and improve the environment?

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In the area of solving international environmental issues,the North American approach has been to use:

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The "circle of poison" refers to:

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Dynatec,Inc.(a U.S.corporation based in New York)engages in oil drilling in Colombia.Indigenous Indian tribes finds that certain rivers and streams have become polluted as a result and that hunting and fishing are adversely affected.A U.S.lawyer brings a lawsuit on behalf of the tribe in federal district court in New York.Dynatec wants the action dismissed,or at least not heard by the federal court in New York.The best bet for the case not to be heard in the federal court in New York would be for the Dynatec lawyer to:

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Under NAFTA's Environmental Side Agreements:

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The World Trade Organization has been successful in imposing the environmental policies of developed nations upon all the developing economies members to enact such policies and compliance.

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Due to the influence of chemical industry lobbyists,the United States Congress has no regulations over the export of chemicals to developing nations.

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Under principles of customary international law,no state has the right to use or to permit the use of its territory in a manner causing serious consequences or injury if the injury can be demonstrated by clear and convincing evidence.

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Kunming Amusement Company (KAC)is a toy manufacturer located in Yunnan province in southern China.KAC routinely dumps industrial waste from its manufacturing operations in the nearby Mekong River.The Chinese government is aware of this practice but has failed to take any action to prevent to occurrence or inform neighboring states.Two months ago,there was an industrial accident at KAC's manufacturing facility,which resulted in the significant discharge of numerous toxins (including lead-based paint)into the Mekong River.KAC informed the Chinese government of this accident,but the Chinese government failed to inform downstream states of the accident.As a result,people in Laos,Thailand,Cambodia and Vietnam unknowingly utilized tainted water for numerous domestic purposes,including drinking bathing,irrigation and watering of livestock.The accident was only discovered after numerous downstream users became ill and there were massive fish kills,which resulted in subsequent testing of the water and discovery of the contamination. If the United States responded to these events by increasing surveillance of KAC's toys for lead content,would such a ban be consistent with its obligations pursuant to GATT? Why or why not? If the United States responded to these events by banning importation of all Chinese toys manufactured in an environmentally unsound manner,would such a ban be consistent with its obligations pursuant to GATT? Why or why not?

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