Tag Archives: environmental regulation

Note, The Nigerian Tragedy, Environmental Regulation of Transnational Corporations, and the Human Right to a Healthy Environment (J. P. Eaton)

Title

Joshua P. Eaton

Keywords

Nigeria, transnational corporations, environmental regulation, human right to a healthy environment

Abstract

“I. Introduction

The second half of the twentieth century has witnessed an unprecedented expansion in the number of corporations operating beyond their national borders. By 1990, nearly 37,000 transnational corporations (TNCs) existed in the world. This figure continues to grow rapidly as trade barriers diminish, communications systems improve, and transportation becomes cheaper and more efficient. A 1992 Earth Summit document, Agenda 21, appropriately recognizes that “business and industry, including transnational corporations, play a crucial role in the social and economic development of a country.” Furthermore, TNCs contribute to the increasing prosperity of a developing nation by providing “major trading, employment and livelihood opportunities” and by helping to strengthen the role of women in society.

Unfortunately, the impact of TNCs, particularly in developing countries, has not been all positive. While some TNCs conduct responsible international business operations, others blatantly disregard human and environmental concerns in their countries of operation. The citizens of developed nations rarely hear of the environmental havoc many TNCs wreak in developing countries because only major disasters, such as that which occurred in Bhopal, are widely reported in the news.

This Note examines the environmental damage caused by TNCs in the course of oil exploitation activities in Ogoniland and other parts of the Niger Delta region of Nigeria.”

Citation

(1997) 15 Boston University International Law Journal 261.

Paper

Note, The Nigerian Tragedy, Environmental Regulation of Transnational Corporations, and the Human Right to a Healthy Environment

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Melding Civil Rights and Environmentalism: Finding Environmental Justice’s Place… (T. Yang)

Author

Tseming Yang

Keywords

Environmental law, environmental justice, civil rights law, environmental paradigm, environmental racism

Abstract

As one of the defining issues in environmental regulation over the past decade, the environmental justice movement has sought to bring civil rights and broader social justice issues to the forefront of environmental protection. The movement’s challenge to traditional environmental regulation has distinguished itself because it has come from another group of political liberals rather than conservatives. Its goals remain largely unrealized, however, even though concerns about race and distributional equity in environmental protection are unlikely to go away. As explanations for this lack of success, scholars have pointed to specific legal doctrines as well as larger issues of lack of political power. Unfortunately, such accounts ignore the genuine concern and sincere efforts of many environmentalists and regulators in regard to these issues and the structural obstacles impeding attempts to change the environmental regulatory system.

This essay seeks to provide a better understanding of these difficulties by examining the paradigms that civil rights law and environmental law have been based upon. A close analysis of Brown v. Board of Education, the foundational model for modern civil rights law, and the conceptions of environmental degradation put forth by Garrett Hardin’s “Tragedy of the Commons” and Rachel Carson’s “Silent Spring” illustrates the contrasting structures, methodologies, and value premises of civil rights and environmental law. They provide important insights into the debate about the environmental justice movement and the difficulties that environmental regulators have encountered in addressing distributional equity and fairness concerns much more broadly. Efforts by environmental regulators to address the concerns of the environmental justice movement are unlikely to succeed without measures addressing these deeper-lying tensions.

Citation

(2002) 26 Harvard Environmental Law Review 1

Paper

Melding Civil Rights and Environmentalism: Finding Environmental Justice’s Place in Environmental Regulation

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