February 12,2013 Topics for a Mid-term Examination in an Introductory Course on International Environmental Law and Sustainable Development 1.

What are the four sources of international law set forth in the Statute of the International Court of Justice? i) international conventions; ii) international custom; iii) general principles; and iv) "judicial decisions and the teachings of the most highly qualified publicists of the various nations .... " J. Jacobs, International Law, p. 6. 2. From what does customary law result? Jacobs, p. 5. 3. What was the holding of the US Supreme Court in the cases of The Paquete Habana and The Lola? (1900) Jacobs, p. 7. 4. What was the holding of the US Federal Court in Filartiga v, Pena-Iraga (1980)? Jacobs, p. 9. 5. 1) What are names, of the parties to the Danube Dams case (GabcikovNagymaros Dam Case), and (2) what were the key issues in this case? 1) Hungary and Slovakia, and . 2) electrical energy, navigation, flood control, ice-discharge, and protection of the environment. ' Peter Rogers, Kazi F. J alaI and John A. Boyd, An Introduction to Sustainable Development, p. 193.

6. 1) How did the majority of the International Court of Justice describe sustainable development in the Danube Dams Case, and 2) what did the majority rule that the parties should do (a) procedurally and (b)substantively to achieve sustainable development? 1) "The need to reconcile economic development with protection of the environment is aptly described in the concept of sustainable development." Rogers, et al, p. 193.

2) "[Tjhe parties together should (a) look afresh at the effects on the environment of the operation of the Gabcikovo power plant" ["carry out monitoring and abatement measures to contemporary standards set by international law" Rogers, p. 195]. Also the parties "must (b) find a satisfactory solution for volume of water to be released into the old bed of the Danube and into the side-arms .... " Rogers, et al, p. 193. 7. How did the dissenting opinion of Judge Christopher Gregory Weeramantry describe sustainable development in the Danube Dams case? Briefly describe his reasoning. Rogers, et al, p. 194.

8. What are the two ethical elements that are widely accepted as being essential to the idea of sustainable development: 1) concern for the poor (intragenerationaljustice 2) concern for the future (intergenerationaljustice or~equity); and or equity).

Klause Bosselmann, The Principle of Sustatnability, pp. 97-98. See attached copies of these pages.

9. How did Professor Alex Kiss describe the duty to ensure sustainable use of natural resources in the declaration concerning sustainable development at the April 2002 Conference of the International Law Association held in New Delhi the duty of States?
1) "sovereign right to use",

2) "manage ... in a sustainable and safe way," 3) "take into account of needs of future generations, " 4) "avoid wasteful use of natural resources," and 5) "promote waste minimization policies .... " Rogers, et al, p. 196.

10. How did Professor Kiss describe the principle of equity and the eradication of poverty in that New Delhi declaration?
1) The "principle of equity is central to the attainment of sustainable

development" and "refers to both intra-generational and inter-generational equity." 2) "From the recognition of the right to development flows the duty of States to cooperate for the eradication of poverty. Whilst it is the primary responsibility of the State to aim for conditions of equity within its own population and to ensure, as a minimum, the eradication of poverty, all States which are in a position to do so have a further responsibility to assist other States to achieve this objective." Rogers, et al, p. 197

10.How did Professor Kiss describe the principle of good governance in that New Delhi declaration? 1) "Democratic and transparent decision-making procedures and financial accountability, " 2) "combat corruption," 3) "due process," 4) "rule of law and human rights," 5) "public procurement approach," 6) "corporate social responsibility," .... Rogers, et al, p. 198. 11.What are the three main approaches to providing protection for the environment? Linda A. Malone, Environmental Law, p. 1. 12.What are "marketable pollution rights"? Malone, p. 2. 13. What is the difference between "netting" and "offsets"? Malone, p. 2. 14. What are "externalities"? Malone, p. 3. 15. What are three examples of ethical considerations underlying environmental regulation? Malone, p. 3.
16. What is "environmental justice"?

17.

WePollut_.Inc., a large manufacturing plant located in the state of Ember, is currently bringing its pollution levels to the level allowed under state regulations. Clean Living, Inc., has a smaller plant nearby whose pollution levels are significantly below state regulations. Ember has provided a subsidy in the past to Clean Living for producing such little pollution. Ember officials recently have threatened to shut down WePollute if they do not come into compliance.

1) Should WePollute voluntarily go out of business? 2) What are WePoliute's options? Malone, pp. 4-5.

19.WePollute, a multisource plant, has complied with state pollution regulations through the bubble concept of applying emissions credits from one plant source to a different, noncompliant source within the same plant. IfWePollute nms into further trouble meeting the pollution levels, they could approach Clean Living, Inc., about what two options to avoid such trouble?

I) "emissions trading" and 2) "purchase of Clean Living's marketable pollution rights." Malone, 6.

Malone, p. 203.

20. Which entity coordinates environmental protection activities for the U.N. as a whole, and what are the key legal activities of that entity?

21. What are the five major documents produced at the 1992 Rio Earth Summit? Malone, p. 203.

22. World Foods is working in the desert country of Sofada. World Foods is teaching the citizens planting, harvesting, and storage techniques. Could this be an outgrowth of the 1992 Rio Earth Summit? Which priority actions and means for accomplishing the priority actions identified at the Earth Summit could World Foods be seeking to achieve? Malone, pp. 224-225.

23. What two fundamental principles of liability for transboundary pollution under intemationallaw were established in the Trail Smelter Case (United States v. Canada) (1949)? Malone, p. 206.

24. What two principles of international law were established in the Corfu Channel Case (United Kingdom v. Albania) (1949)? Malone, p. 206.
25. What action did the International Court of Justice take in The Nuclear Test Cases (Australia v. France) (1973)? Malone, p. 206.

26.1) Name three theories of liability for transboundary pollution, and 2) which of these theories is generally considered to be well established in customary international law? 1) Malone, pp. 206-207, and 2) "good neighborliness."

27. What three key measures were put in place by the 1990 Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer?
1) Total ban on CFCs (Chlorofluorocarbons) by the year 2000 (by the year

2010 for developing countries), 2) The amendments established a 14-member executive committee, and 3) A $240 million fund to assist developing countries in the transition to technology free of CFCs. Malone, p. 208.

28. World Foods is working in the desert country of Sofada. World Foods is teaching the citizens planting, harvesting, and storage techniques. 1) Could this be an outgrowth of the 1992 Rio Earth Summit? 2) Which priority actions and means for accomplishing the priority actions identified at the Earth Summit could World Foods be seeking to achieve? Marone, pp. 224-225.

29.Sofada citizens have noticed a growing dark cloud of fumes that continues to pass through atmosphere. Sofada government heads learn that the fumes are originating from the nearby country of Armcharido. 1) Is Sofada entitled to legal relief? 2) Why? Discuss. Malone, p. 224-225.

30. What is Agenda 21? Describe some of the key components. Malone, p. 205.

JAB