Deck 20: Environmental Law

Question 1

The GATT allows member nations to impose tariffs on imported products that are not "sustainably" produced (that is, that are produced in ways that cause harm to the environment).

Answer 1

False

Question 2

The central problem in environmental law lies in determining which man has created activities that alter the environment to an unacceptable extent.

Answer 2

True

Question 3

The United Nations has done very little to address the issues of environmental matters due to the individual member nations' desire to advance their economic growth at the expense of pollution.

Answer 3

False

Question 4

One example of a global solution to a global environmental problem is a multilateral agreement concerning depletion of the ozone layer and the production of chlorofluorocarbons.

Question 5

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.

Question 6

Investors in developing countries face minimal risk that environmental standards in those countries will become stricter over time and therefore is a competitive advantage in locating manufacturing facilities there.

Question 7

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

Question 8

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

Question 9

Most of the developing countries of Africa and Latin America are free from the environmental pollution of the heavily industrialized nations.

Question 10

One dispute resolution mechanism used frequently in international disputes over the environment is binding adjudication.

Question 11

The Basel Convention on Transboundary Movements of Hazardous Wastes has been adopted by over 150 nations.

Question 12

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

Question 13

The most important aspect of the Basel Convention has been that the signatory nations succeeded in defining what constitutes hazardous waste and therefore gain the acceptance of member nations in enacting strict environmental laws.

Question 14

Developing countries are enforcing their respective environmental laws in order to reduce their industrial and transportation emissions.

Question 15

Conservationists have sought international environmental legal relief through dispute resolution, import bans, and multilateral treaties.

Question 16

The Basel Convention prohibits shipments of hazardous wastes by a signatory country to a country that has not signed the convention.

Question 17

Environmental issues are generally limited to cross-border pollution such a between the United States and Mexico.

Question 18

Before a U.S. firm can export hazardous waste to a foreign country, they must have written consent from that government delivered to the U.S. Environmental Protection Agency.

Question 19

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

Question 20

Countries of the South Pacific have been very successful in enforcing strict environmental safeguards and have entered into regional environmental cooperation to combat creeping pollution.

Question 21

The Kyoto Protocol has been a resounding success for member nations that are signatories in reaching the quantitative goals.

Question 22

The U.S. prohibits the export of pesticides not approved by the U.S. EPA.

Question 23

Under NAFTA's Environmental Side Agreements:

A) Mexican environmental laws must gradually approach U.S. and Canadian standards for clean air, clean water, and hazardous waste.
B) U.S. industries can request a tariff on the import of products from Mexico that are produced under environmentally unsustainable methods.
C) NAFTA benefits may be suspended where any state party has shown a pattern of failure to effectively enforce its environmental law.
D) A and B.
E) A and C.

Question 24

Developing nations generally favor:

A) creation of a permanent trade and environment committee in the WTO.
B) cn ad valorem tax on all imports to promote environment-friendly development in poorer nations.
C) transfer of environmentally appropriate technology for little or no charge.
D) A and B.
E) B and C.

Question 25

The cornerstone of U.S. environmental regulation of exports is the concept of:

A) receiving the prior informed consent of the foreign countries to which the exports are going.
B) U.S. firms may not export any hazardous materials that they could not sell in the United States.
C) advance permission to export from the Environmental Protection Agency.
D) receiving advance permission from the United Nations before exporting hazardous or toxic materials.

Question 26

Multinational agencies have advanced the environmental effort by applying uniform environmental standards to projects they finance. For example:

A) the World Health Organization has guidelines for pollution controls.
B) the World Bank has a volume of Environmental Guidelines for industrial projects.
C) the Tokyo Stock Exchange allows no investors who do not adhere to its environmental guidelines.
D) none of the above.

Question 27

The "circle of poison" refers to:

A) getting food poisoning when traveling to a country with unsanitary food preparation conditions.
B) chemicals that are at first banned in the United States, then allowed to be produced, and then banned again.
C) the foreign sale of U.S.-made pesticides that have been banned in the United States and then reimported as a residue on imported foods.
D) none of the above.

Question 28

In the Shrimp Importation Case , the WTO Appellate Body determined that:

A) the U.S. program certifying the use of TEDs or devices of comparable effectiveness was an unjustified discrimination against Malaysian shrimp products.
B) the U.S. program certifying the use of TEDs or devices of comparable effectiveness was not an unjustified discrimination against Malaysian shrimp products.
C) the U.S. program was invalid because it treated Malaysian shrimp differently than shrimp from other countries.
D) the U.S. program was valid as it related to conservation of an exhaustible natural resource.

Question 29

Within the European Union, an environmental action program came about because of:

A) The Uruguay Rounds.
B) The United Nations.
C) The Bill of Rights.
D) The Single European Act.

Question 30

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

Question 31

The export restrictions of hazardous materials under the Resources Conservation and Recovery Act are less onerous compared to the Federal Insecticide, Fungicide, and Rodenticide Act.

Question 32

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

A) the firm must notify the EPA of the export.
B) the firm must maintain adequate records.
C) the EPA must notify the foreign country of destination.
D) all of the above.

Question 33

There is no U.S. law forbidding the export of pesticides banned in the U.S. to foreign countries.

Question 34

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

A) arbitration.
B) the World Court.
C) bilateral treaties.
D) mediation.

Question 35

Under the Montreal Protocol, trade in chlorofluorocarbons is strictly controlled.

Question 36

Because of the lack of international agreement to protect the ozone layer from damage by chemical emissions into the atmosphere, firms operating in developing countries will be able to continue to emit ozone damaging chemicals in the future.

Question 37

Which of the following statements are true about current international environmental conventions?

A) The United States has signed the Biodiversity Convention.
B) The United States has agreed to and set timetables for limiting carbon dioxide emissions in the Climate Change Convention.
C) Third World countries have greater flexibility in complying with the Montreal Protocol on Substances that Deplete the Ozone Layer.
D) A and B.
E) B and C.

Question 38

The environmental regulations in developed economies are rationalized to protect the global environment and encourage developing economies to enact similar environmental laws.

Question 39

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.

Question 40

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

Question 41

Which of the following laws regulate the export of hazardous materials?

A) GATT.
B) TOSCA.
C) FIFRA.
D) A and B.
E) B and C.

Question 42

Not all nations embrace environmental protection laws. For example, _________ and _________ lead the emerging world's resistance to global attempts to outlaw technologies believed to cause climate change.

A) China and Singapore
B) China and India
C) India and Pakistan
D) Bangladesh and India

Question 43

To minimize the effects and expansion of climate change, many nations, particularly those in Europe, are pushing hard for a global reduction in the use of:

A) genetically modified organisms.
B) pesticides.
C) solar energy.
D) fossil fuels.

Question 44

NAFTA's Commission for Environmental Cooperation is committed to improving issues related to greenhouse gas emissions, which are concentrated gasses in the Earth's atmosphere derived from:

A) coal mining.
B) strip mining.
C) burning fossil fuels.
D) extracting oil from shale.

Question 45

In an effort to find alternatives to environmentally harmful energy sources, the U.S. Department of Energy established a Renewable Energy Biomass Program to encourage the development and improvement of technology for:

A) solar energy.
B) biofuels.
C) wind turbines.
D) none of the above.

Question 46

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?

A) Water scarcity and desertification
B) Land and coastal degradation
C) Political unrest
D) All of the above

Question 47

Compare and contrast the environmental standards enacted within the European Union with those of NAFTA signatories.

Question 48

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.

Question 49

I n wha t way s ar e regiona l environmenta l treatie s superio r or inferior t o globa l treaties ?

Question 50

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

Question 51

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:

A) move to dismiss for lack of personal jurisdiction.
B) move to dismiss for lack of subject matter jurisdiction.
C) move for a stay pending arbitration.
D) move for dismissal based on forum non conveniens .

Question 52

Address the strengths and weaknesses of the U.S. government's environmental polices pertaining to pesticides (such as those addressed by the never-adopted ban on the export of unsafe pesticides).

Question 53

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

A) limiting the expansion of climate change.
B) reducing the effects of greenhouse gas emissions.
C) improving the health of children and other vulnerable communities.
D) placing tighter restrictions on air and water pollution.

Question 54

Assess the benefits and the detriments of environmental standards (with regard to developed and developing nations).

Question 55

The EU has generally taken a more aggressive approach to environmental protection than the U.S. has. One significant example is the EU's requirement to carefully consider and approve the introduction of:

A) genetically modified organisms.
B) herbicides and pesticides.
C) gasoline-powered vehicles.
D) nuclear power plants.

Question 56

Some of the inadequacies of the traditional international pollution-control system include:

A) voluntary consent by nations to international litigation or arbitration of environmental disputes is rare.
B) litigation in the polluting company's home country can be circumvented by having all actions and decisions occur through a subsidiary in the less environmentally conscientious country.
C) A and B.
D) neither A nor B.

Question 57

In the past, both the U.S. and Europe have been accused of enacting environmentally disguised trade barriers. Relying on present issues regarding beef and cattle, assess a U.S. ban on all European meat products. On beef? On meats from a region in Europe?

Question 58

Which country has been considered a pioneer in the use of biofuels, particularly ethanol?

A) Russia
B) The United States
C) Brazil
D) Mexico

Question 59

In many cases, nations that share bodies of water have cooperated significantly on environmental issues by:

A) banning fishing in communal waters.
B) prohibiting the dumping of all hazardous wastes into communal waters.
C) signing regional marine treaties that restrict hazardous behaviors.
D) all of the above.

Question 60

Which major industrialized nation has not ratified the Kyoto Protocol, even though nearly 200 countries have now ratified it?

A) The United States
B) Germany
C) The United Kingdom
D) Japan

Question 61

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?

Question 62

Reflecting on the "Circle of Poison," draft a bill regarding pesticide exports.

Question 63

Design a treaty focusin g particularl y o n a mechanis m fo r disput e resolution betwee n th e U.S . an d Canad a address ing th e proble m o f aci d rain.

Question 64

Draf t a mem o enumeratin g an d discussin g th e "environmenta l risk " that companie s wishin g t o inves t i n foreign states will face.

Question 65

Draft a memo outlining the environmental standards with which a country must comply, and/or the method and rate of phasing in such standards, for a Caribbean or other new country desiring to apply for admission to NAFTA.